Research On Patent Infringement Liability Of E-commerce Platform Operators

In today’s world,e-commerce is developing rapidly.More and more people know about e-commerce,more and more businesses and users are active on different types of e-commerce platforms,and transactions between buyers and sellers are realized through the network platform,which breaks through the traditional concept of time and space.This has greatly promoted the development of e-commerce and has greatly promoted the economic development of our country.However,everything has two sides.The spread of network information on the e-commerce platform is fast and wide,caused the rapid economic losses of platform sellers.Internet users use trading platforms to infringe patents in order to gain economic benefits,and the number of such acts are expanding.This phenomenon is not conducive to the healthy development of e-commerce.Therefore,relevant laws and regulations are required to regulate infringements.For example: It is controversial about what are the criteria for determining patent infringement,and under what circumstances do e-commerce platform operators need to bear the liability for infringement and what kind of liability? However,what is disturbing is that the current regulations are not clear in the division of responsibilities and the determination of responsibilities in case of infringement of patent rights.In practice,there are no operational implementation rules and the judicial application and supporting system of patent infringement on e-commerce platforms in China.There are still many deficiencies in this area which need to be improved,so it is necessary to conduct a comprehensive and in-depth understanding and research on this.This article first clarifies the relevant concepts of e-commerce platform operators and patent infringement,sorts out the characteristics and current status of patent infringement on e-commerce platform in China;then explains the criteria for determining infringement of e-commerce platform operators’ patent infringement,and how to bear the liability for infringement;then points out the problems existing in China’s related laws and regulations and practice,and summarizes the enlightenment that extraterritorial practice brings to China by combing the legislative practice and judicial practice of patent infringement on extraterritorial e-commerce platforms;Finally,combined with extra-territorial revelations,this article will make specific suggestions for improving the patent infringement liability system of e-commerceplatforms.