Patentlaw regulation of network service providers: The concretion of Article 36 of the Tort Law in the field of patent law and the improvement of Article 71 of the Fourth Amendment Draft to the Patent Law

Clc Number:


Fund Project:

  • Article
  • |
  • Figures
  • |
  • Metrics
  • |
  • Reference
  • |
  • Related
  • |
  • Cited by
  • |
  • Materials
  • |
  • Comments

    The provider of network services in the field of patent law should be identified on the basis whether or not it offers to sell or sells patented products through network services for network users,rather than being identified by its business type. After receiving the notice of claimed infringement from the obligee,the network service provider shall quickly remove listings from the website when the notice provides a court order,but the network service provider rarely removes listings based on mere allegations of infringement. The obligation of transferring notice is independent of the obligation of removing and has specific legal value and function. The network service provider is located at the center of information communication. In order to protect and balance the legitimate rights and interest between the obligee and network user,the network service provider should bear the obligation of transferring notice without delay both to the obligee and the network user.

    Cited by
Get Citation


Article Metrics
  • Abstract:
  • PDF:
  • HTML:
  • Cited by:
  • Received:
  • Revised:March 07,2019
  • Adopted:
  • Online: December 30,2019
  • Published: