Lecture Notes in Education Psychology and Public Media

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Lecture Notes in Education Psychology and Public Media

Vol. 53, 06 June 2024


Open Access | Article

Critical Analysis of Liability of Internet Service Providers for Indirect Patent Infringement

Chunyu Yang * 1
1 University of Reading

* Author to whom correspondence should be addressed.

Lecture Notes in Education Psychology and Public Media, Vol. 53, 198-205
Published 06 June 2024. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Chunyu Yang. Critical Analysis of Liability of Internet Service Providers for Indirect Patent Infringement. LNEP (2024) Vol. 53: 198-205. DOI: 10.54254/2753-7048/53/20240060.

Abstract

With the rapid evolution of e-commerce, existing Chinese laws have struggled to keep pace with complex issues arising from digital transactions involving intellectual property, especially when addressing indirect patent infringement on e-commerce platforms. By conducting a comparative analysis with international laws from Germany, Japan, and the United States, the paper identifies robust legal frameworks that explicitly address indirect infringements in the digital marketplace. The paper proposes several legislative improvements for China, including the clarification of what constitutes indirect infringement, the outlining of explicit duties for e-commerce platforms, and the creation of specialized mechanisms for dispute resolution. On the judicial front, recommendations include enhancing the specialization of courts and judges in intellectual property, developing detailed procedural guidelines, and promoting alternative dispute resolution methods to mitigate the burdens of litigation. By adopting and adapting these recommandations, China can enhance its protection of intellectual property rights and support the dynamic environment of innovation that e-commerce fosters. Strengthening the legal framework in this way is crucial for ensuring fair competition and encouraging technological advancements within China's digital economy.

Keywords

Indirect Patent Infringement, E-commerce, Intellectual Property Rights, Digital Marketplace

References

1. Brander, J. A., Cui, V., & Vertinsky, I. (2017). China and intellectual property rights: A challenge to the rule of law. Journal of International Business Studies, 48, 908-921.

2. Dong, L. and Pan, H. (2021). Impact of patent infringement compensation rules on patent quality problems. Complexity, 2021, 1-12.

3. In China, the legal framework for indirect infringement of network service providers falls under the tort liability provisions of the Civil Code, as the Patent Law does not clearly stipulate liability for indirect infringement.

4. Prud'homme, D., & Zhang, T. (2019). China's Intellectual Property Regime for Innovation. Springer International Publishing.

5. Huang, W., & Li, X. (2019). The E-commerce Law of the People's Republic of China: E-commerce platform operators liability for third-party patent infringement. Computer Law & Security Review, 35(6), 105347.

6. You, C. (2020). Law and policy of platform economy in China. Computer Law & Security Review, 39, 105493.

7. Zhao, Y., Lo, V. I., & Ghori, U. (2022). Consumer Protection in China: Product Liability of E-commerce Platform Operators (Doctoral dissertation, Bond University)

8. Cohen, J. E. (2017). Law for the platform economy. UCDL Rev., 51, 133.

9. Dam, K. W. (1994). The economic underpinnings of patent law. The Journal of Legal Studies, 23(1), 247-271.

10. Xi, B. Rethinking the Chinese E-Commerce Platforms' Application of Notice and Takedown Rule and Proposing a New Notice and Forward Notice Rule.

11. Yas, N., Sarhan, M. I., & Allouzi, A. S. (2023). The Extent of Protection for Electronic Consumers in the Face of Risks Arising from Electronic Contracts. Migration Letters, 20(S9), 1073-1085.

12. Chen, J., & Li, W. (2020). Patent infringement evaluation and liability of e-commerce platforms in China. Journal of Intellectual Property Law & Practice, 15(10), 791-799.

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 3rd International Conference on International Law and Legal Policy
ISBN (Print)
978-1-83558-415-6
ISBN (Online)
978-1-83558-416-3
Published Date
06 June 2024
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/53/20240060
Copyright
06 June 2024
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated