| With the network transaction becoming the mainstream of people's consumption,more and more patent infringement cases occur in the network exchange every year.Due to the rapid development trend of network transactions,the lag of legislation in related fields is gradually highlighted.In the field of intellectual property rights,especially patent infringement,the legal provisions are too principled,and there is no judicial interpretation to fill the loopholes in the legislation,which makes similar cases in dealing with patent infringement cases have different results.The imperfection of legislation,the ambiguity of legal provisions and the defects of the law itself lead to the difficulties in the application of the law by judges.Therefore,improving legislation and uniform application of law can regulate the market,protect the interests of patentees and network trading platform providers.This paper mainly discusses the legal application of patent infringement cases of network trading platform providers,and puts forward the author's simple opinions.At first,begins with the concept and characteristics of network trading platform providers,introduces the legal status of network trading platform providers,and finally illustrates the difficulties in identifying patent infringement liability due to the difficulty of applying the law.then summarizes the reasons for the difficulties in applying the law in patent infringement cases.The legal provisions are not clear,the lack of legal system,and the defects of the law itself.Finally,gives the author's suggestions on the problems raised in the second part.The four concepts of "notification","knowing","timely" and "necessary measures" are defined.In addition,the author proposes to establish the "counter-notification" rule and the responsibility-taking system for false notification.the author puts forward his own views on the legal obligations and liability-attribution principles of the network trading platform providers. |
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