The nature of WeChat's"e-commerce ecosystem"as defined by Review of Notorious Markets for Counterfeiting and Piracy has aggravated the dilemma of ambiguous legal attributes of China's hybrid network platforms,and aggravated the problem of legal application of the platform's determination of intellectual property infringement liability.In this regard,based on the instrumental nature of the safe haven principle,facing the governance trend of"flexible regulation in general areas and strict requirements in special areas"of China's platform infringement,combined with the specific positioning of hybrid network platforms and network service providers in general,the regulatory authorities should apply the relevant provisions of the Civil Code,adhering to the concept of scenario-based definition,combined with the platform's information management capabilities,to further clarify the legal attributes of the hybrid network platform.Information management capacity,further contouring the platform infringement liability boundary.In addition,following the concept of self-regulation,the hybrid platform should also build an independent notification and acceptance mechanism for all service modules and a hierarchical and classified response mechanism for general network service modules,and carry out a key review of infringement notifications for e-commerce service modules to prevent the legal risks of alleged intellectual property infringement.
关键词
混合型网络平台/平台侵权责任/"通知—删除"规则/电子商务平台
Key words
Hybrid Online Platforms/Liability of Network Service Providers for Intellectual Property Infringement/Notice-and-Takedown/E-commerce Platform
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