The Research On "Notice And Take Down" Rule For Patent Infringement On Online Trading Platforms

Since the 21 st century,E-Commerce has created people's new lifestyles and spending habits in an all-round way thanks to its global,convenient and efficient advantages.But the ever increasing behavior of intellectual property infringement on online trading platforms has plagued the development of E-Commerce from time to time,especially the issue of patent infringement on online trading platforms.Although the “Notice and Take down” rule which is currently used to deal with patent infringement of online trading platforms can solve the patent infringement problem to a certain extent,it also triggers many new problems.Therefore,it is necessary to systematically study the “Notice and Take down” rule which is used for patent infringement on online trading platforms.First of all,regarding the current application of the “Notice and Take down” rule for patent infringement on online trading platforms,the platform providers have built a set of solution mechanisms based on the “Notice and Take down” rule for the large number and wide range of patent infringement on online trading platforms,and the court has also formed a united opinion to those cases that refer to petent infringement on online trading platforms in the judicial practice.Secondly,demonstrating from the perspective of safeguarding transaction security,improving economic efficiency,and balancing interests,it is right for platform providers to bear the obligation of regulating patent infringement on online trading platforms,and the “Notice and Take down” rule provides an effective way for platform providers to fulfill this obligation.Third,although the application of the “Notice and Take down” rule for patent infringement on online trading platforms has its rationality,it is facing the fundamental obstacles that only limited patent information can be obtained under physical partition,and causes the abuse of the “Notice and take down” rule,insufficient remedial channels for respondents,unknown obligations of platform providers etc.Finally,for the problems of the “Notice and take down” rule's application in patent Infringement on online trading platforms,the article provides advices on “Notice and take down” rule added to the "Draft Patent Law" from both the entity system and the procedures,including the criteria for clear and effective notification,the reasonable establishment for the obligations of the platform providers,the improvement of respondents' relief system,and the improvement of the notice,review and counter notification of platform providers,necessary measures,handling and relief of error notification.