Research On The "Notice And Take Down" Rule In Patent Infringement In The Field Of E-Commerence

The development of e-commerce in my country is booming,and the scale of transactions is constantly expanding,and there are many intellectual property disputes hidden behind the prosperity and development.The e-commerce platform headed by Alibaba also undertakes a heavier intellectual property protection obligation in the process of continuous nuggets in the e-commerce field.In response to the above problems,the “Notice and take down” rule in the copyright field has gradually entered the field of patent infringement,and some scholars have proposed to introduce the rule into the patent field.However,"Infringement Liability Draft" and "Patent Law(Draft Amendment)" give different answers.The attitude towards legislation is still hesitant,and the opinions of scholars have not yet been unified.Whether the "Notice and take down" rule has application space in the field of patents,this article attempts to explore this issue from the perspective of e-commerce.Therefore,based on the current research on the "Notice and take down" rule of the US DMCA,it further introduces the changes made by this rule after reference by other countries or regions.The third chapter of this article explores the theoretical basis for introducing the rule into the e-commerce field.This article demonstrates the necessity and feasibility.The urgent infringement status in the e-commerce field is not compatible with the lagging legal regulations,and in theory In fact,the introduction of this rule conforms to the consistency of the application of intellectual property rights,and is consistent with the theory of indirect patent infringement.In practice,judicial practice and the practice of e-commerce platforms have gradually coincided with the introduction of this rule.The fourth chapter expounds the applicable dilemma of the application of this rule in patent infringement.The first is that the unclear legal status of the e-commerce platform operator will affect its determination of liability in patent infringement,and the operator does not have the professional ability to examine patent infringement.It needs to be paid attention to,and how to deal with the connection between the "pre-litigation injunction" system and the rules in the Patent Law must also be taken into consideration,in addition to ensuring the rational use of the rules to avoid market confusion.The last part of this article puts forward related suggestions for improvement.First,based on the analysis theory,the position of the operator of the e-commerce platform is clarified at the legal level;second,the "Notice and take down" rule is adapted to the patent law and refined The application path of the rule in the field of patents has been clarified.The third is to propose supporting systems such as linkage processing mechanism,reputation evaluation mechanism,and information review system.