Research On The Perfection Of “Notice-Takedown” Rule In Electronic Commerce Law

Internet information technology and e-commerce have rapidly developed around the world,which have been integrated into our life.As a result,profound changes have taken place in the social economic landscape.While electronic commerce facilitates the dissemination and trading of intellectual property products,the problem of intellectual property infringement also follows.Now,it's so urgent to solve the problem--intellectual property infringement in the field of e-commerce,in order to maintain the balance of interests between intellectual property owners,e-commerce platform operator,platform operators and consumers.Article 41 of the “Electronic Commerce Law” officially implemented on January 1,2019 stipulates the active intellectual property rights protection obligations of e-commerce platform operators,and Articles 42 to 45 provide for "Notice-Takedown" rule.Within the framework of Internet governance,the "Notice-Takedown" rule in the "Electronic Commerce Law" constitutes a complete specification of intellectual property governance measures for e-commerce platforms,which is conducive to strengthening the protection of intellectual property in the field of e-commerce.However,as a special rule for adjusting the infringement of intellectual property rights in the field of e-commerce,the "Notice-Takedown" rule is not sufficiently targeted for the infringement of intellectual property rights in the field of e-commerce,and the ambiguity of this rule needs to be carried out through legal interpretation.Clarity makes the rule more operable and adaptable to intellectual property infringement in the field of e-commerce.It gives clear legal expectations to the parties involved in the rule and makes the application of the rule more clearly and smoothly.Firstly,focusing on the status of the "Notice-Takedown" rule,comparing "Notice-Takedown" rule in different regulations,and then discussing the differences of "Notice-Takedown" rule in the "Electronic Commerce Law".The differences mainly include four aspects: scope of application,subject of liability limitation,nature of rules,and program design,which is a more comprehensive and detailed analysis of the rules in the Electronic Commerce Law.Secondly,writer has demonstrated the "Notice-Takedown" rule has special application in the field of e-commerce and the rule should be more targeted at the infringement of intellectual property rights in the field of e-commerce by telling the particularity of the e-commerce platform operator and the e-commerce platform's owner,.However,the provisions of the rule do not quite match the status of e-commerce,and thereare some areas that need to be improved.Additionally,writer analysis the deficiencies of the rules,including the unclear standard of "effective notification",the unclear platform operator's review obligations,and the scope of the platform 's " essential measures".Finally,in light of the above-mentioned issues,the writer put forward some suggestions for perfecting the rule.The suggestions include: define the constitutive elements of effective notification,establish formal review obligation of e-commerce platform operator,expand interpretation of the "essential measures" taken by platform operators,and add the non-blocking necessary measures.