Research On The Application Of The "Notice-Deletion" Rule In The Electronic Commerce Law

With the development of information network communication technology,the digital economy and the Internet economy have become the main forces driving economic growth,and countries have vigorously developed e-commerce.With the development of Internet technology,the field of e-commerce has gradually matured and developed.In 2019,my country’s GDP was about 991 trillion yuan,and the e-commerce transaction volume was more than 30 trillion yuan,of which online retail sales were more than 10 trillion yuan,a year-on-year increase of nearly 16%;e-commerce employees reached 51,256,500.It can be seen that e-commerce accounts for a huge proportion of my country’s economic structure.However,with the vigorous development of e-commerce,intellectual property infringements on e-commerce platforms have become increasingly rampant.Therefore,it is unstoppable to increase the protection of intellectual property rights of e-commerce platform operators.The "E-Commerce Law of the People’s Republic of China"(hereinafter referred to as the "E-Commerce Law")was passed on August 31,2018,and it was officially implemented on January 1,2019.The "notice-delete" rules for the intellectual property protection of e-commerce platforms studied by the author are specified in Articles 42 to 45.The "notification-delete" rule of the E-commerce Law inherits Article 36 of the Tort Liability Law,and the two provisions are roughly the same,but the E-commerce Law adds subjective elements and qualified notices for e-commerce platforms to bear joint infringement liability.The preliminary evidence that should be included,the types of necessary measures to be taken by the e-commerce platform,punitive damages for malicious or erroneous notifications,and the counter-notification rights of the operators on the platform,etc.The purpose of the "notice-delete" rule in various countries was to apply to disputes in the copyright field.However,with the rapid development of the e-commerce industry,Internet infringement disputes are no longer limited to the copyright field.Trademark rights and patent rights Disputes in this field also occur continuously and frequently,so the scope of application of the "notice-delete" rule to protect rights is continuously expanding.However,as far as the status of the application of the "notification-delete" rule is concerned,there are still many imperfections in the provisions of the "notification-delete" rule in my country’s e-commerce law,such as malicious use of the right to notify for commercial competition,and e-commerce platforms.Unclear review obligations,unclear “effective notification” standards,unclear definition of“timeliness” in the time limit,and operators on the platform have made mistakes or malicious notifications Problems such as relief difficulties need to be resolved urgently.