The Dilemma and Alleviation of E-commerce Platforms in Dealing with Intellectual Property Rights Infringement Governance:An Empirical Analysis Based on Judicial Judgments
The Dilemma and Alleviation of E-commerce Platforms in Dealing with Intellectual Property Rights Infringement Governance:An Empirical Analysis Based on Judicial Judgments
Since the implementation of the E-commerce Law,there is currently a lack of relevant empirical re-search to examine whether the governance effectiveness of e-commerce platforms in intellectual property has signifi-cantly improved.Through empirical research,it can be found that there are still some issues in the governance of intellec-tual property rights infringement on e-commerce platforms,mainly manifested as the prominent phenomenon of mali-cious intellectual property complaints and disputes over the standards for determining faults on e-commerce platforms.The reasons for the dilemma in intellectual property governance on e-commerce platforms include the misalignment of costs between complaints and rights protection leading to a surge in malicious intellectual property complaints,the lack of objective judgment criteria for subjective knowledge standards on e-commerce platforms,and disputes over review standards due to the unclear status of e-commerce platforms.To address these issues,it is necessary not only to empha-size platform autonomy and construct a systematic governance model for intellectual property rights infringement on e-commerce platforms,but also to establish a governance mechanism for malicious complaint behavior.Clear and stan-dardized criteria for the review standards and fault standards of e-commerce platforms are also required.
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