Research On Patent Infringement Liability Of E-commerce Platform

With the development of Internet technology and the prosperity of e-commerce industry,the platform economy is gradually rising.While enjoying the convenience brought by e-commerce industry,we cannot ignore the new problems in the field of e-commerce.For example,in e-commerce platform transactions,people's rights will be infringed.For how to protect their rights,what role the e-commerce platform plays and what responsibilities it should take when the platform users implement the infringement,these are all problems that must be solved in the field of e-commerce.Based on the problem of patent infringement in e-commerce,this paper discusses the legal liability of patent infringement that e-commerce platform should bear.While maintaining the rights of patentees,it also takes into account the interests of platform providers,in order to promote the healthy and orderly development of e-commerce industry.Firstly,this paper gives a brief overview of e-commerce platform and patent infringement,and discusses the concept,types,obligations and legal status of e-commerce platform.For the legal status of e-commerce platform,there is no unified point of view in both theoretical and practical circles.Unclear legal status is not conducive to the determination of responsibility.Therefore,it is necessary to clarify the legal status of e-commerce platform through legislation in order to better divide the scope of responsibility of all parties.The identification of the patent infringement liability of e-commerce platform is mainly discussed from the characteristics of the patent infringement of e-commerce platform,the principle of liability attribution,the constituent elements,the responsibility bearing and so on.Secondly,it analyzes the current situation and existing problems of patent infringement liability of e-commerce platform in China.By analyzing the number of patent enforcement cases and related cases in the field of e-commerce in recent years,this paper summarizes the characteristics of patent infringement of e-commerce platform in China,and finds the problems in the patent infringement liability system of e-commerce platform in China.Thirdly,by analyzing the relevant legislation of e-commerce platform patentinfringement liability in the United States,the European Union,Italy and other countries,draw lessons from the relevant provisions,develop a suitable system of e-commerce platform patent infringement liability in China.Finally,according to the current situation and problems of the patent infringement liability system of e-commerce platform in China,this paper puts forward some suggestions to improve it.The most important rule in the patent infringement liability of e-commerce platform is the "notice delete" rule,which is transplanted from the copyright law to the patent field.There is a theoretical dilemma in its application,and it is necessary to improve its relevant provisions to enhance its suitability and fit.In order to prevent the patentee from abusing the right of complaint,we should establish a corresponding system to regulate the patentee's right exercise,meanwhile,we should not neglect the relief to the respondent,we should improve the relief system to the respondent.