Critical Analysis of Liability of Internet Service Providers for Indirect Patent Infringement

Abstract

With the rapid evolution of e-commerce, existing Chinese laws have struggled to keep pace with complex issues arising from digital transactions involving intellectual property, especially when addressing indirect patent infringement on e-commerce platforms. By conducting a comparative analysis with international laws from Germany, Japan, and the United States, the paper identifies robust legal frameworks that explicitly address indirect infringements in the digital marketplace. The paper proposes several legislative improvements for China, including the clarification of what constitutes indirect infringement, the outlining of explicit duties for e-commerce platforms, and the creation of specialized mechanisms for dispute resolution. On the judicial front, recommendations include enhancing the specialization of courts and judges in intellectual property, developing detailed procedural guidelines, and promoting alternative dispute resolution methods to mitigate the burdens of litigation. By adopting and adapting these recommandations, China can enhance its protection of intellectual property rights and support the dynamic environment of innovation that e-commerce fosters. Strengthening the legal framework in this way is crucial for ensuring fair competition and encouraging technological advancements within China's digital economy.