The Regulation Approaches of Patent Malicious Complaints on E-Commerce Platforms in the Era of Civil Code
LI Xiao-qiu;LI Xue-qian;School of Law, Chongqing University;
Patent malicious complaints on e-commerce platforms undermine the business environment of fair competition and have a negative impact on operators being complained about on the platform to varying degrees. Existing regulatory approaches mainly include three aspects: legal provisions, judicial practice and platform self-administration. The principle of prohibiting abuse of rights, the principle of good faith and the provisions of network infringement in the Civil Code provide a new thinking direction for regulatory approaches. To improve the regulatory approaches, we can optimize the content of the “removal upon notice” rule in the Electronic Commerce Law in accordance with the merits of the Internet infringement clause in the Civil Code. In addition, judges should scientifically design the calculation method of double compensation for malicious complaints, prudently promote the application of the punitive compensation system, and at the same time pay attention to the guidance of socialist core values in the judgment documents. Finally, e-commerce platforms should attempt to use innovative solutions. Specifically, it can emphasize the legal consequences of malicious complaints in the complaint interface beforehand, strengthen cooperation with the collaborative governance departments in the process,and set up dishonest labels of different gradients to urge the complainants to abide by the principle of good faith.