Research on the Legal Regulation of Erroneous Intellectual Property Notification on E-commerce Platforms

Erroneous intellectual property notification exerts a great negative influence on the economy based on e-commerce platforms. However, at present, there are some difficulties in using the law to regulate erroneous notification such as unclear regulation path, insufficient understanding of the constituent elements and unclear responsibility. From the perspective of regulation path, the current judicial practice should change the trend of resorting to the general provisions of the tort law and the anti-unfair competition law and apply more specific trade defamation provisions. In the identification of elements, it is necessary to start with the trade defamation clause and make a detailed analysis of the erroneous notification through the reinterpretation of the four elements of the trade defamation clause, i. e., fault, mode, content and damage. In terms of liability, the subjective elements of liability for erroneous notification are controversial at present. It is necessary to make it clear that the requirements for fault are different between the two liabilities of stopping infringement and damage. There is no need for fault to stop infringement, and the principle of presumption of fault is applicable to compensation for damage.