Legal Application Of "Notice-remove" Rule In Patent Infringement Of E-commerce Platform ——A Case Study Of Dispute Over Patent Infringement Of An Ali Company

The rapid development of e-commerce has brought people into a new Internet era,but with it comes the challenges brought by technological progress to the protection of intellectual property rights in the network environment.In recent years,the issue of whether and how the "notice-takedown" rule can be applied to the field of patent infringement has aroused widespread concern in the academic community.In the "Dispute Case of an Alibaba Company Sued for Infringing an Invention Patent",the parties had disputes over whether the operator on the platform constituted patent infringement,whether the notice of the right holder was qualified,and whether the e-commerce platform should bear the infringement liability,etc.,resulting in disputes between the parties.Discussion on what constitutes the "Notify-Remove" rule and the division of responsibilities.Regarding the question of whether the operator on the platform constitutes patent infringement,from the perspective of the three constituent elements of patent infringement,it should be determined that the operator on the platform constitutes patent infringement;on the issue of notification by the right holder,the notification by the right holder in this case is not a valid one Notice,the content of the notice did not clearly provide the corresponding evidence of infringement;whether the e-commerce platform operator should bear the infringement liability,whether the patent infringement was established before the court judgment is still in a state of unknown authenticity,and the e-commerce platform did not directly implement the infringement behavior,and the e-commerce platform deletes the link in time before the judgment,it is unlikely to constitute indirect infringement,so it does not need to be liable for damages.The "notice-removal" rule has undergone constant changes and developments among different laws in our country.From the first proposal in the Regulations on the Protection of the Right of Communication through Information Networks,to the more localized application of the Electronic Commerce Law,to the repeated revisions and determinations in the Civil Code,its specific provisions have become more and more detailed,and its scope of application has also increased.Expanded step by step,reflecting the growing importance of the "notice-takedown" rule in modern society.However,there are still some problems in the development process.For example,the law does not clearly stipulate the specific content of the notification and review obligation,and it is difficult to remedy the rights of platform operators and operators within the platform.Based on this,the "notice-removal" rule also needs to build a more standardized notification review mechanism for the problems that arise,and constantly balance the interests of different subjects,so as to take into account the protection of intellectual property rights and the healthy development of the economy,and achieve social progress.