Research On The Application Of Notification Deletion Rules In Patent Infringement

Since the 21 st century,e-commerce has emerged as a new economic model and has been rapidly developed in my country.While the rapid development of e-commerce has injected new vitality into my country’s economy,it has also spawned many online infringement cases,among which patent infringement is particularly serious.For this reason,Chinese legislators have introduced the notification deletion rule that was originally only applicable to the field of copyright to the case of network infringement of patent rights,and tried to legislate this rule in the patent law.But because so far only my country has applied the notification deletion rule to patent infringement cases,and due to the particularity of online patent infringements,the existing notification deletion rules are too principled and other reasons,the academic community has doubts whether the notification deletion rule can be applied in the patent field.,And even many scholars hold a negative attitude towards this.In this article,the author believes that the notification deletion rule can be applied to the field of patents.Based on this point of view,the full text analyzes and studies the application of the rule in patent infringement from the following four aspects.The first part is mainly about the origin of the notification deletion rule and the research on the legislative evolution after the introduction of the notification deletion rule in our country.The notice deletion rule originated in the United States.It is about the exemption system for network service providers in the field of copyright.It has achieved good results in dealing with the problem of network copyright infringement and has been used for reference by various countries.Our country has transplanted this rule and broadened its applicable fields,from the original copyright field to the civil field.In recent years,legislators have also tried to introduce this rule into the field of patents.In 2018,the "E-commerce Law of the People’s Republic of China" introduced the notification deletion rule and modified it to make the rule more suitable for patent infringement cases.The second part is an empirical study on the application of notification deletion rules in patent infringement in my country.Through empirical investigation and analysis of judicial judgment cases where notification deletion rules are applied in patent infringement and the handling mechanism of e-commerce platforms for patent infringement complaints,it is found that both the courts and e-commerce platforms prefer to choose and apply in the handling of patent infringement.Notice the deletion rules,and a relatively fixed convention has been formed.This shows that the application of the notification deletion rule in patent infringement already has a good practical basis.At the same time,the empirical evidence also shows that there are some problems in the application of the notice deletion rule in patent infringement,such as the imperfect notice review mechanism,the difficulty of the respondent’s relief,and the imbalance between the interests of the right holder and the respondent,etc.The third part is about the theoretical analysis of the application of the notification deletion rule in patent infringement.This chapter first sorts out the disputes about the application of the notification deletion rule in patent infringement,and clarifies that the application of the rule in patent infringement faces: the patent field does not have the specific context for the application of the notification deletion rule,the e-commerce platform has limited ability to examine patent infringement,The application of the notice deletion rule will lead to theoretical questions and practical dilemmas such as the pre-litigation injunction system for overhead patents and the proliferation of abuse complaints.Then,by refuting the view that the notification deletion rule cannot be applied to the field of patents,the application of the notification deletion rule in patent infringement can realize the value of the notification deletion rule,effectively balance the interests of relevant subjects,and meet the actual needs of society.The suitability of applying the notice deletion rule to patent infringement was demonstrated.In the fourth part,in view of the difficulties and practical problems in the application of the notification deletion rule in patent infringement cases,it proposes clear and effective notification components and confirms the error notification from the two aspects of improving the existing legal provisions of the notification deletion rule and related supporting systems.,The standard for identifying malicious notifications,the improvement of the existing "counter-notification-recovery" procedures,the introduction of margin rules,etc.,in order to promote the better application of notification deletion rules in the field of patent infringement in the e-commerce field,thereby promoting the e-commerce industry The orderly and healthy development of the company provides a reference for the formal introduction of the notification deletion rule into the patent field.