Research On Malicious Complaints Of Intellectual Property Rights On E-commerce Platform

The rapid expansion of e-commerce has stimulated economic vitality and also led to some intellectual property infringement problems.2018 E-commerce Law was formally introduced,taking the protection of intellectual property rights as an important content,in which the "Notice-takedown Procedure" rule provides a convenient and effective way for intellectual property rights holders to defend their rights,while enabling e-commerce platforms to avoid excessive legal liability,but there are also some problems.The reason for the frequent occurrence of malicious complaints about intellectual property rights on e-commerce platforms is the abuse of the "Notice-takedown Procedure" rule.While legitimate complaints should have been a favorable weapon for right holders to defend their legitimate rights and interests,the large number of complaints that exceed the boundaries of rights in recent years has led to huge losses in individual and social interests.From the current literature and judicial cases,scholars have begun to notice the harm caused by malicious complaints,but there is still a controversy about the recognition and regulation of this behavior.Based on this,this paper places IPR malicious complaints in the context of legal practice.Firstly,it analyzes the characteristics of IPR malicious complaints in practice from the current situation of IPR malicious complaints,and briefly discusses the relevant legal regulation in the Civil Code,the Anti-Unfair Competition Law and the E-Commerce Law.Secondly,we analyze the definition of malicious IPR complaints on e-commerce platforms and distinguish different types of complaints based on different rights bases;take the "Notice-takedown Procedure" as the logical starting point and analyze the reasons for malicious complaints from both actors and e-commerce platforms.Then,we conclude that there are difficulties in the regulation of IPR malicious complaints,including the unclear elements of qualified notice,the difficulty in determining infringement loss,the insufficient punishment and the limitations of the deficiencies in the review of platforms.Finally,under the guidance of the principle of balance of interests,we propose suggestions for regulating malicious IPR complaints on e-commerce platforms in terms of legal implementation and platform review,which should clarify the criteria for qualified notice,determine the factors for consideration of damages and implement reverse behavior preservation,while the platform review should conduct substantive review and introduce technical support personnel to help improve the review expertise.In order to protect the complainant’s legal rights and prevent the malicious complainant from suffering losses,and to balance the interests of all parties under the principle of the original intention of establishing the "Notice-takedown Procedure ".