Application Of Notice Deletion Rule In Trademark Infringement Of E-commerce Platform

Online shopping has become an indispensable way of life for people.It brings people convenient shopping experience,but also produces online trademark infringement disputes.With the development of the platform,the number of infringement disputes continues to increase.In order to resolve the related disputes caused by the suspected infringement of intellectual property rights by e-commerce platforms,stop the infringement quickly and at a low cost,and maintain the normal transaction order of e-commerce platforms,China has introduced the notice deletion rule,that is,after receiving the infringement notice from the trademark holder,the platform can delete the infringing commodity information directly.Notification deletion rules originally appeared as exemption clauses for copyright infringement of search and storage network service providers.With the development of legislation and practice,they became rules for trademark and even intellectual property infringement exemption of e-commerce platforms,which ensured the healthy development of platforms.However,since trademark infringement on e-commerce platform is very different from that on network copyright infringement,the impact on infringers is also different after notification deletion.Although the notification deletion system has undergone a series of legislative changes,it still cannot meet the needs of trademark protection on e-commerce platform.In order to effectively handle trademark infringement disputes on e-commerce platforms and balance the interests among e-commerce platforms,sellers within platforms and notifiers,this paper will discuss the application of notification deletion system in the scope of trademark rights.This paper is divided into six major parts.The first chapter is the introduction.This chapter discusses the background of this study and the significance of this topic.Chapter II is an overview of the deletion rules of trademark infringement notice on e-commerce platforms.The content includes the meaning of notice deletion,system development,nature of notice deletion rules and e-commerce platform positioning.Chapter III is the analysis of the application status of trademark infringement notice deletion rules on e-commerce platforms.This chapter analyzes the subjective and objective status of the application of the current notice deletion rules,and through the statistical analysis of the platform trademark infringement cases,combined with the data in the intellectual property protection report published by Ali Platform,analyzes the problems of the application of the current notice deletion rules.Chapter IV is the cause analysis of the application of the notice of trademark infringement deletion rules on e-commerce platforms.The content includes the reasons for the application of notification deletion rules in trademark infringement on e-commerce platforms,including unclear provisions on platform pre-examination obligations,unclear standards for determining qualified infringement notifications,refined measures to be taken by platforms,and unequal obligations after notification and counter-notification.Chapter V is the suggestion to improve the application of the deletion rules of trademark infringement notice on e-commerce platforms.It includes stipulating the platform’s obligation to review beforehand,defining the standards for notification of qualification,specifying the measures to be taken by the platform,and canceling the waiting period for counter-notification.Chapter VI is the conclusion and outlook.The content is a summary of the article,in order to better play the maximum benefits of notification deletion system.