A Study On Intellectual Property Protection Of E-commerce Platform

As a new business model,e-commerce has profoundly changed the way consumers purchase goods and services.E-commerce platform transactions optimize the resources allocation,enhance the economic efficiency,and greatly promote the development of the market.However,non face-to-face network transactions have also brought various Internet products that infringe on intellectual property,and emerge repeatedly in spite of prohibitions,seriously damaging the legitimate rights and interests of consumers and disrupting the order of the normal market competition.The infringement of intellectual property on the electronic commerce platform is especially prominent.How to take practical measures to strengthen the protection of intellectual property in e-commerce platform,rationally regulate intellectual property rights infringement,accurately identify where the infringement happens,properly confirm the identity of the accused,and protect the interests of the public has become a top priority.Adopting various research methods,such as literature research method,comparative study and case analysis,this paper makes a thorough study of the protection of intellectual property protection in China's e-commerce platform based on a large quantity of domestic and foreign information related to intellectual property protection in China's e-commerce platform.The paper starts with the definition of e-commerce and e-commerce platform concepts,analyzes the contents of intellectual property protection and the characteristics of tort in China's e-commerce platform,and summarizes the significance of strengthening the intellectual property protection on the e-commerce platform in China.Secondly,it identifies and analyzes the problems in the legislation of e-commerce platform intellectual property protection in China which includes the substantive problems including the incomplete scope of protection,imprecise infringement liability principles,and unclear boundary of infringement liability,and the procedural problems including unclear standards of locus delicti,difficulty in determining the identity of the defendant and incomplete rules of evidence.Thirdly,referring to the experience of foreign intellectual property protection for e-commerce platforms,this paper puts forward some suggestions from the aspect of both entity and procedure.The substantive recommendations include refining the scope of intellectual property protection ofelectronic commerce platform,clarifying the definition standard for the tort liability of e-commerce platform,and optimizing the principle of liability of the operators of the e-commerce platform.The procedural recommendations include clarifying the confirmation standard of the locus delicti,specifying the confirmation method of the defendant's identity and optimizing the evidence review procedure and the fixed methods.