Study On The Improvement Of "Notice And Counter-notice" Rules In E-commerce Law

Along with the continuous development of Internet information technology,the phenomenon of intellectual property infringement in the Internet field has become increasingly rampant,and the protection of the rights and interests of various subjects in the Internet field faces the objective threat of imbalance.In this context,as early as2006,China’s Regulations on the Protection of Information Network Communications further added a "counter-notice" mechanism to the notification-deletion mechanism.Subsequently,in 2019,the revised E-Commerce Law also formally introduced the "notice-counter-notice" mechanism,making the "notice and counter-notice" mechanism an important tool in China’s Internet This makes the "notice and counter-notice" mechanism one of the important tools for the governance of IPR infringement in China’s Internet domain.In practice,the "notice and counter-notice" mechanism has played an important regulatory role in preventing infringement in the e-commerce field,but at the same time,a series of problems have emerged,such as abuse of notice,imbalance in the protection of the rights and interests of the operators and intellectual property rights within the platform,and widespread disputes over the platform’s review standards for notice.The solution of the aforementioned problems is related to the proper management of intellectual property infringement in China’s e-commerce field and the balanced protection of the legitimate rights and interests of the e-commerce platform,the operators within the platform and the intellectual property rights holders,which is a necessary choice to maintain the order of China’s e-commerce business.In view of this,this paper explores the problems in the application of the rules of notice and counter-notice of the E-commerce Law and proposes solutions to the corresponding problems,as follows:In the first part,the background and significance of the study of the notice and counter-notice system in the context of the E-commerce Law are discussed,the relevant studies on the notice and counter-notice mechanism in domestic and foreign academia are systematically elaborated,and the main research methods are finally clarified.In the second part,typical cases involving the notification and counter-notification mechanism of the E-commerce Law are selected as the research objects,the relevant litigation focus in the selected typical cases is organized,and based on the combing of the typical cases,the main problems in the application of the notification and counter-notification mechanism under the E-commerce Law in China are proposed.In the third part,in response to the problems raised in the second part of the study,we propose a balanced protection of the rights and interests of the parties to the "notice and counter-notice",further clarify the obligations and responsibilities of the platform to review the infringement notice and counter-notice,issue the standard of good and bad faith of the right holder of the infringement notice,and clarify the legal responsibility of the platform for not implementing the counter-notice procedure.The above-mentioned issues are proposed as targeted solutions.