Research On The Application Of The "Notification-Deletion" Rule In Trademark Infringement On The E-Commerce Platform

In recent years,Internet technology has developed rapidly,and e-commerce is also booming.Intellectual property protection is increasingly valued in China,but the infringement of the exclusive right to use registered trademarks in the field of e-commerce has also followed.China's "Notice-Delete" rule originates from the "Safe Haven Rule" in the US DMCA Act,which means that the e-commerce platform should take necessary measures in a timely manner after receiving a valid infringement notice from the intellectual property right holder,otherwise it will The expanded part of human damage shall bear joint and several liability.The promulgation of China's "E-Commerce Law" has brought about new developments in the application of the "notification-deletion" rule to trademark infringement on e-commerce platforms.How does the court understand the application of the "notification-deletion" rule to e-commerce platforms and trademark owners Important.The "notification-deletion" rule first applied to the field of copyright.With the rapid development of the Internet and e-commerce,it gradually evolved into the field of trademarks,and inevitably encountered various problems.The application of the "notification-deletion" rule in trademark infringement in the field of e-commerce platforms and the existence of inconsistent judgments in judicial practice are among the issues worth pondering.In order to maintain judicial justice,it is necessary to study the application of the "notification-deletion" rule in trademark infringement on e-commerce platforms,with a view to future judicial judgments being unified,maintaining judicial authority,and protecting the legitimate interests of rights holders from infringement.This article uses the literature research method and case analysis method to write five chapters,which reveals the application significance of the "notification-deletion" rule in the trademark infringement of the e-commerce platform under the new legislation of the "E-commerce Law".The first chapter is the introduction,which mainly introduces the research background,research significance,research methods,and literature review of this topic,sorts out the research overview of relevant scholars,and clarifies the significance of the research in this article for e-commerce platforms,trademark rights holders,and judicial application;The second chapter mainly elaborates the general theory of the "notification-deletion" rule in the trademark infringement of the e-commerce platform,and illustrates the relevant theory of the "notification-deletion" rule with cases.The constituent elements of the "deletion" rule,including subjective and objective elements,procedural elements,and subject;Chapter 4 introduces the existence of a valid notice in the application of the "notification-deletion" rule in conjunction with relevant cases,and it is unclear to take necessary measures in a timely manner.Chapter Five,"Remedy for the Symptoms",introduces the perfect recommendations for the application of the "notification-deletion" rule in the trademark infringement of ecommerce platforms,clarifies the content of effective notifications and relevant provisions for necessary measures,and limits the timely time range to 48 hours Inside and so on.