JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2019, Vol. 32 ›› Issue (6): 21-26.DOI: 10.13766/j.bhsk.1008-2204.2019.0363

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With E-Commerce Law Coming, What E-Commerce Platforms Should Do?: Discussion of Application of “Notice-Takedown” Rule

FAN Yanwei, WANG Jue   

  1. Jing Dong Group, Law and IP Department, Beijing 100076, China
  • Received:2019-10-21 Online:2019-11-25 Published:2019-12-07

Abstract:

"E-Commerce Law" stipulates the responsibility of e-commerce platforms to carry out "Notice-Takedown" for content that infringes intellectual property rights, but there are disputes in platform practice. Sellers in E-commerce platform highly rely on E-commerce platforms, after receiving notices, take down content without any investigation will directly cause economic damage to sellers and platforms. In order to balance the interests of rights holders and sellers, dis-encourage IP trolling, investigation of infringing notices is necessary. For the different types of IP rights, such as copyright, trademark or patent, and the different difficulty of judging infringements, requirements for the form and content of proving materials should be specifically defined. And the waiting period of 15 days is not necessary.

Key words: E-Commerce law, Notice-Takedown, waiting period, IP troll, wrong notice

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