On The Application Of "Notice-Deletion" Rule In Patent Infringement In E-commerce

The vigorous development of e-commerce industry has greatly changed people’s way of life.Compared with the traditional offline physical stores,online transactions are more and more popular with consumers because of their high efficiency and low cost.However,due to the concealment of the network trading environment,the problem of intellectual property infringement in the field of e-commerce is prominent,especially patent infringement cases occur frequently.If effective measures are not taken to curb it,it will inevitably affect the normal competition order in the field of e-commerce,and then hinder the sustainable and stable development of e-commerce industry.In view of the application of the rule of "notice-deletion" in judicial practice to resolve patent infringement disputes in the field of e-commerce,the first theory circle is to solve patent infringement disputes in the field of e-commerce.There is a direct dispute.The theoretical circle mainly focuses on whether the "notice-delete" rule can be applied in the field of e-commerce patent infringement,and how to apply it.First of all,this paper introduces the characteristics of patent infringement in the field of e-commerce,which shows that patent infringement in the field of e-commerce has its particularity.Secondly,analyze the problems existing in the direct application of the "notice-delete" rule in the patent infringement in the field of e-commerce.Thirdly,through the analysis of the application of the extraterritorial "notice-delete" rule,the useful experience can be summarized for our country’s reference.Finally,two recommendations were made on the issues arising from the application of the rule,including legislative aspects and accompanying measures.