| China has entered the post-e-commerce era,and social traffic and e-commerce traffic are closely integrated.As social e-commerce platforms are involved in more and more intellectual property rights infringement disputes,the identification of platform’s legal responsibilities has become an important issue.Based on the development of social e-commerce,this article takes ‘Pinduoduo’ as an example,and selects 176 judgment documents of the past year as the research object.It is found that there are key problems including the ambiguity of legal attributes of social e-commerce transaction subjects,the dispute over the application of ‘notice and takedown’ rules on social e-commerce,as well as the unclear criteria for determination of social e-commerce platforms’ subjective fault.In order to clarify the criteria for determining social e-commerce platform’s indirect infringement of intellectual property rights and ensure the orderly operation of social e-commerce,the paper analyzes social e-commerce platform’s legal relationship,causation of infringement damage,cost advantages,and benefits and risks,and puts forward the following suggestions.First,the legal attributes of the social e-commerce platform should be determined from multiple perspectives.Secondly,the ‘notice and takedown’ rule can be applied to social e-commerce and patent infringement disputes.In addition,the litigation materials should not be used as effective notifications.Finally,the necessary measures and time limits should be determined flexibly. |
