在现代电子商务平台交易中,知识产权纠纷问题尤为突出,值得我们重点关注。电子商务平台具有虚拟性、多主体性、地点不定性等特点,对其监督比较无力,导致侵害知识产权的问题层出不穷。为了对此类现象进行规制,我国颁布了《电子商务法》...在现代电子商务平台交易中,知识产权纠纷问题尤为突出,值得我们重点关注。电子商务平台具有虚拟性、多主体性、地点不定性等特点,对其监督比较无力,导致侵害知识产权的问题层出不穷。为了对此类现象进行规制,我国颁布了《电子商务法》《电子签名法》《民法典》等法律法规进行规制,但该保护机制仍然存在不足,本文旨在根据电子商务平台的特点,分析现存保护机制的不足,针对性地提出完善建议,促进电子商务良好地可持续发展。With the development of science and technology and the progress of the Internet, e-commerce has been widely developed and applied, bringing great convenience to people’s lives. However, many legal problems have emerged along with it, among which intellectual property disputes are partic-ularly prominent and deserve our focused attention. E-commerce platforms are characterised by virtuality, multi-subjectivity, and indeterminacy of location, etc., and the supervision of which is relatively powerless, leading to the emergence of numerous problems of infringement of intellectu-al property rights. In order to regulate such phenomenon, China has promulgated the Electronic Commerce Law, Electronic Signature Law, Civil Code and other laws and regulations to regulate, but the protection mechanism is still deficient. This paper aims to analyse the deficiencies of the exist-ing protection mechanism according to the characteristics of the e-commerce platform, put forward suggestions for improvement, and promote the sustainable development of e-commerce in a good way.展开更多
文摘在现代电子商务平台交易中,知识产权纠纷问题尤为突出,值得我们重点关注。电子商务平台具有虚拟性、多主体性、地点不定性等特点,对其监督比较无力,导致侵害知识产权的问题层出不穷。为了对此类现象进行规制,我国颁布了《电子商务法》《电子签名法》《民法典》等法律法规进行规制,但该保护机制仍然存在不足,本文旨在根据电子商务平台的特点,分析现存保护机制的不足,针对性地提出完善建议,促进电子商务良好地可持续发展。With the development of science and technology and the progress of the Internet, e-commerce has been widely developed and applied, bringing great convenience to people’s lives. However, many legal problems have emerged along with it, among which intellectual property disputes are partic-ularly prominent and deserve our focused attention. E-commerce platforms are characterised by virtuality, multi-subjectivity, and indeterminacy of location, etc., and the supervision of which is relatively powerless, leading to the emergence of numerous problems of infringement of intellectu-al property rights. In order to regulate such phenomenon, China has promulgated the Electronic Commerce Law, Electronic Signature Law, Civil Code and other laws and regulations to regulate, but the protection mechanism is still deficient. This paper aims to analyse the deficiencies of the exist-ing protection mechanism according to the characteristics of the e-commerce platform, put forward suggestions for improvement, and promote the sustainable development of e-commerce in a good way.
