Research On The Rule Of "Notice Deletion" In Patent Infringement Of Internet Trading Platform

With the gradual improvement of science and technology in our country,the technology of network communication,such as information dissemination,has also been developed rapidly.As far as the development of China's economy is concerned,digital economy has become the focus of China's economic growth.Every country in the world takes the development of e-commerce as the top priority,and puts forward corresponding supporting measures to encourage the development of e-commerce.With the emergence of more and more online trading platforms in China,the patent infringement of online trading platforms has become more and more serious.This will hinder the development of China's online trading platform to a large extent.Online trading platform plays an important role in e-commerce.Therefore,the identification and restriction of patent infringement in the network trading platform has become an important topic of patent protection in the current network trading platform.China's patent law and e-commerce law are being revised for the fourth time,and the "notice deletion" rule is added in the process of revision.Its purpose is to provide a more suitable form of liability regulation for the providers of online trading platform.However,according to the revised draft of the patent law,the "notice deletion" rule in the patent field is very similar to that in the tort liability law,and almost no major changes have been made.In the process of formulating the "notice deletion" rules,the patent infringement features of the online trading platform are not fully considered,and they are not highly targeted.As far as the current situation is concerned,the existing "notice deletion" rules in the patent field of the online trading platform do face the following five problems: it is difficult to judge the authenticity of the notice,the form of notice review cannot be better unified,the constituent elements of qualified notice are not very clear,there is a serious lack of counter notice procedures and there is no clear notice processing time limit.This article combines with the emergence and development of "notice deletion" rule,based on the network trading platform,and puts forward the following five suggestions for the five problems existing at present: firstly,it is necessary to refine the obligations and legal responsibilities of the provider,secondly,it is necessary to establish a complete notice review system,and secondly,it is necessary to specify the constituent elements of the qualified notice It is true that the "counter notice" procedure should be set up next,and the supporting guarantee and counter guaranteeprocedure should be set up at last.I hope the research of this paper can lay a good theoretical foundation for the development of the subsequent network trading platform.