| With the development of China’s economy and the rapid advancement of Internet technology,online transactions have become more and more frequent,conflicts have become more and more,and violations have become increasingly prominent.However,our country does not have a special law concerning the infringement of patents by providers of online trading platforms.Therefore,there is no clear basis for judging the rights and obligations of network trading platform providers and patent infringement standards when disputes occur.This is not conducive to the normal operation of network transactions.Therefore,I will proceed from the reality of China’s online transactions,combine the relevant laws of our country and the views of domestic and foreign experts and scholars,and determine the rights and obligations of online trading platform providers and the identification of network patent infringements.Do I need to take joint responsibility with the infringer?Other issues are analyzed in detail.Regarding how to determine the rights and obligations of the online trading platform provider,I will receive from the type,legal status,and whether the online trading platform fulfills the audit obligation and qualified and effective notification of the online trading platform provider.According to analysis and discussion,for the determination of patent infringement by the online trading platform provider,I will analyze the legal,liability,and constitutional elements on which it is based,and present my own opinions on identifying the patent infringement of the online trading platform provider.This article analyzes three cases related to the providers of Taobao online trading platform,and discusses how to determine the rights and obligations of providers of online trading platforms and the patentinfringement of providers of online trading platforms.For the first question,I propose to analyze specific issues in accordance with whether the online trading platform mentions the implementation of the audit obligation,and after receiving the “qualified” knowledge.Regarding the second question,the individual re-combined with the law,he believes that the online trading platform is only a provider of services.It does not apply to the determination of the infringing subject in the Patent Law,and it should combine the Tort Liability Act to recognize liability.Combining the problems in the case of this article and the status quo of patent infringement by providers of online trading platforms,I have proposed my own proposals from the legislative and judicial administration,hoping to play a certain role in network transactions and maintain the normal operation of network transactions. |
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