The Research On "Notice And Takedown" Rules Of Patent Infringements On E-commerce Platforms

Digital economy has become a new hot spot of economic growth with the development of network communication technology and information transmission technology.Different countries take various measures to encourage the development of e-commerce.At the same time,the patent infringements on the e-commerce platforms has become more and more serious,hindering the development process of e-commerce,so as to restrict the e-commerce play a promoting effect on economic growth.The e-commerce platform service providers,who play a great role in the e-commerce activities,become an important issue of patent protection.The patent law and the e-commerce law,which are modified,add the “notice to takedown” rules in order to provide more suitable way to govern the e-commerce platform service providers' responsibility.However,the present “notice and takedown” rules in the draft of the patent law are not combined with the feature of patent infringements and status on e-commerce platforms.The draft of the e-commerce law about “notice and takedown” also have disadvantages.And the article has a deep study of these rules' application,including the judgment about the notice's truth,the review form,the review time,the components of the qualified notice and so on.In view of existing problems,combining the value function of the “notice and takedown” rules and the legislative status at home and abroad,the author put forward some suggestions in order to promote the efficiency of e-commerce's development,such as refining the platform service providers' obligations and legal responsibilities,building perfect notice review mechanism,explicitly stipulating the requirements of qualified notice,adding “counter notice” program,setting up guarantee and counter guarantee program and so on.