Study on the Identification of Effective Notification of the Obligee in the Patent Infringement of the E-commerce Platform

Purpose/Significance Notification has the effect of presuming whether there is fault on e-commerce platform, and whether it should bear joint and several liability for improper expansion of the consequences of damage. Effective notification can promote the e-commerce platform to act actively in essence, and curb the phenomenon of some malicious complaints in form. Design/Methodology Through the analysis of relevant cases and controversial views, it can be found that the principled provisions of the current legislation on notification lead to the inconsistency of the identification standards of effective notification in the field of patent infringement. Meanwhile, the standards of effective notification are also limited by the examination ability of e-commerce platform for patent infringement. Conclusions/Findings The higher standards should be set for effective notification in patent infringement to properly reduce the duty of care of e-commerce platforms. In objective terms, the preliminary evidence of patent infringement in the content of effective notification should meet the high probability standard, and the form of notification should be limited within the legal framework, rather than conform to the complaint rules of e-commerce platform. In subjective terms, the effective notification should be based on good faith belief, but the patentee should not be obliged to examine fair use.