Research On The Application Of "Notice-delete" Rule In Patent Infringement On The E-commerce Platform

“Notice-delete” rule is an important tort imputation principle in E-commerce,which is initially applied in copyright infringement.But in copyright infringement,it is an exemption rule that exempts certain internet service providers from strict liability under certain conditions.With the change of business model and the development of market position of E-commerce platform,this rule has been gradually introduced into all fields of intellectual property.It has formed a special “Notice-delete” rule in line with China’s national conditions.In the Civil Code and Electronic Commerce Law,the “Notice-delete” rule,which is applicable to the domain of copyright,has been extended to the domain of trademark infringement and patent infringement by the legislator.Patent infringement in E-commerce platforms becomes more and more prominent.The “Notice-delete” rule provides a basis for determining the liability of E-commerce platform operators for patent infringement committed by their platform operators,at the same time,it also brings challenges to judicial application.Although the “Notice-delete” rule is not stipulated in the Patent Law,the court has formed a set of ideas of applying the rule to determine the liability of the operator of E-commerce platform in patent infringement.The judicial cases show that there are still a series of problems when the “Notice-delete” rule is applied in the patent infringement on E-commerce platform.For example,the content and form of the “Notice” sent by the obligee are different,the review form of the “Notice” of infringement by the E-commerce platform operator is different,the court has different cognizance of the obligation of the “Re-Notice”,and the“Notice-delete” rule has been abused as a tool of the Unfair competition.Although the“Notice-delete” rule in the current provisions has been continuously refined,it shows that there are still many matters needs to be stipulated: the existing provisions of the content of the qualified “Notice”is not consistent,E-commerce platform operator’s review obligations are not clear,“Notice” obligations are not clear and the lack of regulation of malicious complaints and other imperfections.The inappropriateness of the “Notice-delete” rule in the application of patent infringement in E-commerce platform should be solved.The provisions should be improved basing on the equity value of the “Notice-delete” rule.Perfecting the rules of “Notice”,perfecting the provisions of E-commerce platform operators’ review obligations,“Re-Notice” obligations and the malicious prosecution,“Notice-delete” rule can be better applied in E-commerce platform patent infringement.