Research On Liability Determination Of Patent Infringement On E-commerce Platform

Infringement cases involving online e-commerce platforms are rising year by year,and patent infringement disputes have become a major issue.There are two main models for determining the infringement liability of e-commerce platforms in patent infringement disputes.One is the "notification-deletion" model commonly used in judicial practice in China;the other is the indirect patent infringement system in the US.According to the type of patent infringement and the characteristics of patent infringement involved in e-commerce platforms,the determination of liability for patent disputes on online e-commerce platforms has always been a hot issue.The promulgation of the "E-Commerce Law" clearly applies the "notification-deletion" rule in the field of patents,but the direct application of the "notification-deletion" rule in practice is limited.The limitations of the application of the “notification-deletion” rule are specifically manifested in the incomplete components of liability determination,the unclear examination form of notification,insufficient infringement liability and the suspension of the“pre-litigation injunction” system.The root cause of the limitation of the "notification-deletion" rule lies in the essential difference between patent rights and copyrights and the restriction of the examination ability of the online e-commerce platform itself.Regarding the determination of liability for patent infringement disputes on online e-commerce platforms,reflecting on the limitations of the application of the "notification-deletion" rule in China,combined with extraterritorial experience,the analysis and research of US cases found that the United States regards the "notification-deletion" rule as a This kind of online e-commerce platform’s exemption requirements are not necessary to judge whether the infringement is established.At the same time,the online e-commerce platform’s own intellectual property policy will also be considered.Based on the current academic viewpoints,through theoretical and empirical analysis,improve the e-commerce platform’s responsibility recognition system in patent infringement disputes.First,the indirect patent infringement system was introduced in the patent disputes of the e-commerce platform;second,the Patent Law and the E-commerce Law were coordinated to improve the blank area;finally,the "notification-deletion" rule was improved to clarify the e-commerce platform Obligation to review,clarify the effective requirements notified by the online e-commerce platform,and establish a corresponding guarantee system.