Research On "Safe Harbour" Rule In Malicious Complaint Of Trademark Right In E-Commerce Field

With the development of electronic commerce in the late 19 th century and the early 20 th century,the rule of safe harbour gradually expanded to other areas of intellectual property.However,due to the notice namely deletion of this system defect,based on extortion,malicious competition and other purposes,in the field of trademark rights,the problem of malicious complaints is serious.In this context,as a supplement to the notice,counter-notification rules,red flag rules and reverse behavior preservation system have been established.It partly gives the respondent the right to object in the face of a malicious complaint,and provides a channel for relief upon loss.However,the above system design can not change the established consequence of the irreversible loss caused by the deletion of commodity links,and the 26-hour time limit given in the reverse behavior preservation system cannot be fully protected by the complainant,such as the "A double tenth".At the same time,due to the serious problems of trademark squatting,it is very difficult to prove the subjective malice of the trademark right complaints,and it is also difficult to realize the complainant’s desire to recover the loss through the malicious complaint,punishment and compensation system.On this basis,the improvement should be focused on the system design of notice deletion itself,clarify the source of obligations of e-commerce platforms,and promote the balance of rights and obligations of e-commerce platforms in the review of trademark right complaints.On the one hand,it not only requires the autonomy of the e-commerce platforms in the review of trademark right complaints,but also gives the e-commerce platforms the autonomy in the implementation of necessary measures.Under the case of whether the infringement judgment is relatively difficult,the reverse guarantee does not delete the system is introduced on the basis of the full guarantee and certificate deposit and the legitimate rights and interests of both parties to the complaint are not damaged.At the same time,on the basis of some functions undertaken by e-commerce platforms,judicial and administrative organs should actively do a good job in advance prevention and post-relief of malicious complaints of trademark rights,actively lead the opening of data sharing in the whole society,and solve the problem of malicious complaints of trademark rights in the field of e-commerce in an all-round and systematic way.