Research On The Protection Of Administrative Enforcement Of Patents In The Field Of E-commerce

With the rapid rise of China's e-commerce industry,a large number of patent infringement and counterfeit behaviors have also appeared,which not only damages the legitimate rights and interests of patentee,but also affects the purchasing confidence of consumers,and also disrupts the normal trading order of the e-commerce market,hindering and restricting the healthy development of the e-commerce industry.In the e-commerce market environment,on the one hand,due to the virtuality and concealment of the transaction,the difficulty of supervision and investigation of counterfeit patents has been increased;on the other hand,because the e-commerce industry has the characteristics of high transaction efficiency,fast product update,etc,how to stop the infringement act in timely and accurately has become the primary appeal of the patentee when the patent right is infringed.Traditional model of patent administrative law enforcement and judicial protection is difficult to meet the actual demand of patent protection in the field of e-commerce.The main provisions and protection modes of legislation,judicial and patent administrative enforcement in the field of e-commerce is combed,This paper first combs out the current situation and problems of legislation,judicial and administrative patent enforcement in the field of patent protection in electronic commerce,and analyzes the characteristics and difficulties of patent protection in the field of electronic commerce.Based on the demand characteristics of patent rights protection in the electronic commerce industry,the paper compares the advantages and disadvantages of patent administrative enforcement and judicial protection in handling patent infringement disputes,thus highlighting the advantages of patent administrative enforcement in the field of electronic commerce patent protection.At the same time,it also points out that the current patent administrative enforcement protection mechanism in the field of electronic commerce is not enough to crack down on counterfeit patents,the administrative enforcement function is difficult to highlight,and the patent infringement dispute processing procedures and judgment rules are not perfect.Finally,we propose that we should follow the principles of combining administration with practical innovation according to law,placing equal emphasis on error correction and prevention,and coordinating governance on and off the line.We will improve the administrative protection mechanism for patent enforcement in the field of electronic commerce by amending and improving relevant laws,strengthening the market supervision responsibilities of patent administration departments,establishing cross-regional coordination mechanisms for administrative enforcement,and optimizing services for protection of rights and interests.