Application And Improvement Of The Notice Deletion Rule In The E-commerce Law In The Field Of Patents

The e-commerce law of the People's Republic of China(hereinafter referred to as the e-commerce law),which was officially adopted in 2018,clearly stipulates the applicable rules for notification deletion rules in the field of e-commerce.Notice deletion rules are officially used to protect intellectual property rights in e-commerce.This means that notification deletion rules are also used to govern patent infringement within e-commerce platforms.So far,only China's legislation applies the notice deletion rule to e-commerce platform to govern the infringement of patent right,which is the first in the world.At present,there are some doubts about whether the notice deletion rule can be applied in the patent field,and many scholars even hold a negative view.This paper discusses the reasons why the notification deletion rule is applicable to the patent field in the e-commerce platform and the problems in practice,and puts forward corresponding Suggestions to improve the notification deletion rule.Firstly,it analyzes the specific content of the notice deletion rule in the electronic commerce law.By comparing the differences between the notice deletion rules of different laws in China and the applicable fields of notice deletion rules between China and foreign countries,it is found that the notice deletion rules established in the "electronic commerce law" have more scientific and international leading characteristics in the applicable fields compared with other laws.Secondly,the author introduces the views and reasons that the notice deletion is not applicable to the patent field,and demonstrates that the notice deletion rule is applicable to the patent infringement field in electronic commerce from the perspectives of jurisprudence and practice,and made a brief comment and analysis to the views of the scholars.Then,the paper analyzes the problems caused by the application of notice deletion rule in the field of patent infringement in the e-commerce platform,that is,the operator's remedy difficulties in the platform under unfair competition cases,errors or malicious notices caused by the abuse of notice deletion rule.The reasons for the above problems are that the design of notice deletion is unreasonable,the notice regulation is not specific,and the civil liability regulation is too simple in the case of malice or error.Finally,some Suggestions are put forward to improve the design of the notice deletion system,such as the rule design of notice-counter-notice-deletion,specific and clear provisions on the content of the notice,and substantive review of the notice.While establishing the margin system on supporting measures,the e-commerce platform should strengthen the cooperation with the administrative authorities so as to better apply the notice deletion rules to the e-commerce platform to solve the patent infringement problem within the platform.