JOURNAL ARTICLE

Liability of E-Commerce Platform Operators for Taking Necessary Measures.

  • Published In: GRUR International: Journal of European & International IP Law, 2023, v. 72, n. 6. P. 566 1 of 2

  • Database: Legal Source 2 of 2

Abstract

In this case, according to Alibaba's own Network Service Agreement, legal declaration and Intellectual Property Rights Protection Platform User Agreement, Alibaba has set up governance rules for its intellectual property rights platform. Whether the infringement fault liability standard set by the original judgment is appropr... In this case, Netac did not issue a notice until after it had filed an infringement lawsuit. Netac had complained to Alibaba on multiple occasions regarding the patent involved in this case and submitted relevant patent documents, patent infringement comparison reports and court judgments that were in Netac's favor and were in force. The facts that were notarized and verified by Alibaba do not constitute necessary measures taken by Alibaba, neither did Alibaba prevent Netac from sustaining further losses. [Extracted from the article]

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2023/06, Vol. 72, Issue 6, p566
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:26328550
  • DOI:10.1093/grurint/ikad031
  • Accession Number:164277518
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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