Research On The Legal Regulation Of The Abuse Of "Notice-Delete" Rule

The rapid development of e-commerce in recent years has made the e-commerce industry an important growth point for China’s economy.While facilitating and expanding the scale of transactions,it also provides soil for the breeding and spread of infringements in the field of intellectual property rights.Different from the infringement of intellectual property rights in offline sales,the new economic format with the rise of e-commerce platform operators as the core element has impacted the original norms and has become a major player in the e-commerce field.Legal regulations have increased the difficulty,and the effective establishment and clear definition of platform responsibilities are particularly important.The "notice-delete" rule originating from the 1998 U.S."Digital Millennium Copyright Act"(hereinafter referred to as the "DMCA Act")is one of the legal rules that have the most profound impact on platform liability.The core of the property rights protection regulations of China’s "E-Commerce Act" is the establishment of "notice-delete"rules for e-commerce platform operators.This article discusses the abuse and infringement cases under the existing definition of the“notice-delete”rule and puts forward corresponding suggestions for improvement.First of all,regarding the original intention of the "notice-delete" rule in the e-commerce law,this article starts from normative purpose,behavior mode,and legal responsibility,analyzing the institutional framework of the "notice-delete" rule.Secondly,starting from the specific form of the abuse of the "notice-delete" rule,which are divided into malicious complaints without rights,malicious complaints with flaws in rights,and malicious complaints with rights.From the analysis of these three specific forms,the legal regulatory dilemma of the notification deletion rule is introduced:the particularity of the e-commerce field,the legal application of the legal system in the regulatory system,the unclear standard for the determination of qualified notification behavior,the lack of malicious notification responsibility,and the responsibility of proof.unknown.Finally,in view of the problems in the application of the "notice-delete" rule for patent infringement of online trading platforms,the relevant constituent elements of the tort law are proposed to improve the "notice-delete" rule,including the implementation of platform responsibilities,creative adjustments of the Anti-Unfair Competition Law,clarification of notification standards,establishment of a malicious notification damage compensation system,and detailed preliminary evidence related content.