On the Coordination and Application of Notification Removal Rule and Pre-lawsuit Behavior Preservation—From the Perspective ofPatent Infringement Involving E-commerce Platform

It has gradually formed a consensus that the notification removal rule is applicable to the patent field. Reasonable use of the rule can not only play a diversion role in dispute resolution but also the application of the rule is convenient and does not require the notifier to provide guarantee. However, the application of this rule has the problem of imbalance of interests. The pre-lawsuit behavior preservation and notification removal rule have similarities in terms of regulatory purpose, initiation requirements, and legal effects. The unique advantages of pre-lawsuit behavior preservation can supplement the disadvantages of notification removal rule. According to the specific situation to choose appropriate measures to resolve disputes is more conductive to timely relief. The existing problems in practice provide directions for optimizing the two measures:the application of notification removal rule should improve the requirements for preliminary evidence of infringement, and the review obligation of e-commerce platform should not be set too high. Adjust the criteria for judges to appropriately determine pre-lawsuit behavior preservation. It is not necessary to require all applicant for pre-lawsuit behavior preservation to provide guarantee. At the same time, establish and improve the docking mechanism between the court and the e-commerce platform.