Duties And Powers Of E-commerce Platforms After Receiving Notice Of Intellectual Property Infringement

Although notice and takedown rule of intellectual property in the e-commerce field have practical and positive significance for quickly stopping intellectual property infringements on e-commerce platforms,due to the large room for abuse of notice and takedown rule,intellectual property rights owners have appeared in the process of its operation.The interest imbalance between the operators in the e-commerce platform and the e-commerce platform.For the balance of the interests of the three parties,the behavior of the e-commerce platform after receiving the notice of intellectual property infringement plays a key role,and it is necessary to regulate its behavior to alleviate the imbalance.On how to regulate the behavior of e-commerce platforms after receiving a notice of intellectual property infringement,this article has the following views:The behavior of e-commerce platforms under notice and takedown rule of intellectual property needs to be regulated through a dynamic combination of regulation and autonomy,that is,to grant e-commerce platforms a certain range of autonomy,and to determine dynamically according to the best review scope of similar e-commerce platforms in practice Scope of notices to be reviewed by e-commerce platforms.Under the path of dynamic combination of regulation and autonomy,the regulation of e-commerce platform behavior is actually realized through the interaction of platform obligation boundary and power regulation.The performance of the obligations of the e-commerce platform after receiving the notice of intellectual property infringement relies on private power.Private power refers to the fact that private subjects have dominance and influence over behavioral objects with conflicting interests,and this dominance and influence are transformed into authority through the process of symbolization and legalization.The legal relationship pointed to by private power is not an equal legal relationship based on autonomy of will.If there is insufficient regulation on the risk of abuse of private power,it is impossible to summarize the legitimate boundaries of obligations according to the actual situation of the e-commerce platform.Therefore,it is necessary to reasonably regulate the private power of the e-commerce platform to ensure the legitimacy of the operation of private power.Both traditional private law theory and market mechanism are not enough to realize.According to the similarities and differences between private power and public power,the principle of public law and private law should be reasonably used to regulate private power,and at the same time,excessive interference with company autonomy should be avoided to protect the private interests of e-commerce platforms.Including drawing on the process control tools in public law to set the procedural obligations of the e-commerce platform,and controlling the exercise of private power on the e-commerce platform;drawing on the public supervision mechanism for public power in public law,expanding the application of administrative litigation and strengthening administrative supervision,Enhance the degree of regulation of the private power of e-commerce platforms;refer to the proportionality principle in public law to review the legitimacy of e-commerce platform behavior,but adopt lower-intensity review standards.That is to say,the minimum examination standard is between the general possibility and high probability considered by ordinary legal professionals,which is determined according to the value of the intellectual property involved,the urgency of the situation,the size of the damage to the notified person,and whether there is a guarantee;Due to the difficulty of reviewing different intellectual property infringement notices,the scope of notices that can be reviewed by e-commerce platforms should be prudently restrained,so as to avoid granting too broad powers beyond the legitimate scope of private powers.