Research On Necessary Measures Of E-Commerce Platform Under Safe Harbor Rule

In the era of Internet and big data,the e-commerce economy is booming,and the problems of Internet intellectual property infringement are emerging in an endless stream.On the one hand,the content of intellectual property infringement on the Internet is complex and the propagation speed is extremely fast.The definition of necessary measures in the existing law is still unable to cover the complex and changeable infringement situation.On the other hand,the service types of e-commerce platforms are diverse,and the technical standards of each platform for dealing with infringing content are different and lenient.There are still many difficulties in the application and practical operation of necessary measures,such as unclear definition of the concept of necessary measures and uncertain scope of specific application.At the same time,problems such as the expansion and application of necessary measures appear in practice,which are worth our in-depth study.In order to further clarify the legal obligations that e-commerce platforms should undertake in intellectual property infringement disputes,the identification of necessary measures should start from the balance of interests pursued by the “safe harbor” rule itself,and give e-commerce platforms a certain space of autonomy under the existing legal rules.At the same time,combined with the service type and characteristics of the platform and the nature of the infringement rights,this paper analyzes the extent to which the e-commerce platform should take necessary measures against the intellectual property infringement within the platform,and whether the necessary measures are reasonable and prudent,and whether they conform to the legislative intent of the principle of proportionality,so as to achieve the balance of interests among the ecommerce platform,right holders and platform operators.When taking necessary measures,the e-commerce platform shall take appropriate,reasonable and necessary measures according to the specific case,the type of intellectual property,the integrity of the notice,the technical strength of the platform,the severity of the infringement and other factors.At the same time,in order to effectively deal with different infringement scenarios,the connotation of necessary measures should be appropriately expanded,and platforms should be guided to choose appropriate necessary measures to coordinate with the duty of care of e-commerce platforms.In the process of the development of the “safe harbor” rule,the study of necessary measures has not become the central issue of network infringement cases.Domestic scholars have not formed systematic views on the relevant research of necessary measures.In the judicial practice,the application and identification standards of necessary measures are different,and the interpretation of necessary measures in the judicial application process is relatively open and flexible.To some extent,the flexibility and openness of necessary measures bring space for consideration of judicial application,but if necessary measures are not restricted,it may lead to abuse of necessary measures in practice.Therefore,the research needs to further refine the relevant provisions of necessary measures and define the connotation and extension of necessary measures.On the basis of this research,the principle of proportionality and the principle of balance of interests are taken as the guidance path,and the analysis and application are carried out according to specific situations,so as to properly apply necessary measures and respond to the difficulties faced by “safe harbor” rule in the Internet era.