Discussion on the Liability of Patent Indirect Infringement on the Network Trading Platform

摘要

In the face of judicial practice, many criminals use online trading platforms to infringe patent rights, and there are differences in applying common infringement or indirect infringement. The author believes that such cases do not meet the applicable conditions of joint infringement and should apply indirect infringement. The key to the identification of patent indirect infringement liability of online trading platform lies in its subjective aspect. The connotation of its fault is not only fault, but also includes negligence. For the online trading platform, therefore, the notice and removal rules cannot be directly transplanted into the field of patent law, and should be applied to it.