Research On Intellectual Property Care Obligation Of E-commerce Platform Operators

Driven by the constantly updated Internet information technology,the e-commerce industry is booming,injecting new vitality into the development of China’s national economy.However,the development of e-commerce industry has also brought many new contradictions,such as traffic fraud,user information disclosure and infringement of intellectual property rights.In terms of intellectual property infringement in the field of e-commerce,due to the virtual nature of online transactions and the fuzziness of the identity of businesses in the platform,businesses in the platform,as a rational economic man,choose to infringe other people’s intellectual property rights to pursue their own interests under the measurement of cost-benefit.For various reasons,e-commerce platform has become a hotbed of intellectual property infringement.The operator of e-commerce platform is the main body of the operation and control of e-commerce platform.It not only needs to provide technical support for online transactions,but also needs to supervise and manage the sales activities of businesses in the platform.Therefore,the platform party should bear the reasonable duty of care in terms of intellectual property rights and ensure the compliance and legality of online businesses within the scope of its ability.In addition,the e-commerce platform plays a leading role in the virtual trading space and has more information technology resources,so it is feasible for it to undertake the duty of care of intellectual property.However,at the legislative level,the provisions on intellectual property care obligation of e-commerce platform operators in China are still imperfect.At the judicial level,the court’s judgment on the duty of care of e-commerce platform operators is not uniform,which leads to differences in the responsibility of e-commerce platform parties,and the phenomenon of different judgments in the same case or similar cases is serious.Therefore,it is of great significance to clarify the obligations of e-commerce operators and the interests of e-commerce platform maintenance parties.In addition to the introduction,this thesis is divided into four parts.The first part studies the general problems of intellectual property care obligation of e-commerce platform operators.First,clarify the concept of e-commerce platform operators and define the legal subject status of e-commerce platform operators according to different business models.Secondly,it defines the meaning and characteristics of intellectual property care obligation of e-commerce platform operators.Finally,it analyzes the theoretical basis of intellectual property care obligation of e-commerce platform operators,including cost-benefit theory and risk control theory.The second part focuses on the content and responsibility of intellectual property care obligation of e-commerce platform operators.Firstly,the content of the duty of care is divided into the duty of care in advance to avoid the risk of intellectual property infringement in the field of e-commerce and the duty of care in the event to avoid the expansion of the result of infringement damage after the occurrence of infringement,and the specific contents of these two types of duty of care are analyzed respectively.Then it discusses the fault identification and liability of e-commerce platform party in violation of intellectual property care obligation,and analyzes the rationality of joint and several liability of e-commerce platform party.The third part summarizes and analyzes the current situation and existing problems of intellectual property care obligation system of e-commerce platform operators.Legislators have made continuous efforts to regulate the field of e-commerce in order to maintain the balance of rights and obligations among e-commerce platform parties,intellectual property owners and businesses in the platform.The existing e-commerce review platform is still in a difficult position,and the supporting measures such as the active role and obligation of attention are not perfect,but the existing e-commerce review system is still in a dilemma.The fourth part puts forward targeted suggestions on improving the intellectual property care obligation system of e-commerce platform operators.Including clarifying the limited examiner status of the e-commerce platform party,stipulating its active examination obligation,improving the content of passive duty of care and adding supporting measures.In short,this paper makes a systematic study on the intellectual property duty of care of e-commerce platform operators,hoping to provide theoretical support for improving the duty of care system of e-commerce platform operators with its own modest strength,so as to protect the intellectual property rights and interests of real obligees without excessively interfering with the freedom of behavior of merchants and e-commerce platform parties in the platform,maintain the balance of interests of relevant parties,and then stabilize the market order of e-commerce industry,Promote the healthy and sustainable development of the industry.