Liability For Indirect Infringement Of Intellectual Property Rights Of Internet Platforms

With the continuous development of big data sharing function,intellectual property protection has become a worldwide problem.It is necessary to guarantee the unlimited freedom of network and the initiative of innovators,but the balance between the two has not been found.Internet platform,as the provider of technical services,provides carrier and tool support for infringement.If it meets the requirements,it must bear the corresponding liability for infringement,while the platform needs to bear the indirect liability.This paper starts from the theoretical basis,liability composition and attribution principle,and comprehensively sorts out the responsibilities that Internet platforms need to undertake in intellectual property protection,so as to achieve the expected research objectives.First of all,based on the research of theory of communication security obligations,and confirmed the rationality of the indirect infringement liability of Internet platform,communication security obligation has clear rules in German civil law,with a strong open and inclusive,in order to adapt to the modern social risk,can more effectively control network space and the indirect infringement phenomenon.Secondly,based on the theory of imputation principle,this paper analyzes the regulations on the protection of the right of information network dissemination(hereinafter referred to as the regulations on the protection of the right of dissemination)and the tort liability law,and considers the application of judgment logic in the judicial practice system.Thirdly,the constitutive elements of liability are analyzed.Since the communication security obligation has a certain impact on the theory of German civil law,the responsible class is confused with the illegal class.At the same time,indirect tort liability of Internet platforms can also be divided into two strata,namely fault strata and infringement constituent strata.Finally,the countermeasures to the problem of indirect infringement of intellectual property rights that Internet platforms are good at are studied.Internet platforms must distinguish different conditions and choose ways to compensate for losses and stop infringement to bear the responsibility.For the problem of liability sharing for damages,supplementary liability or joint liability should be confirmed according to the subjective difference of fault,and beneficial attempts and explorations should be made to solve the outstanding contradictions.