Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property

Zhou Hua

doi:doi:10.11648/j.ijls.20220501.14

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Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property

Zhou Hua

Published in International Journal of Law and Society (Volume 5, Issue 1)

Received: 24 December 2021 Accepted: 10 January 2022 Published: 17 January 2022

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Abstract

With the rise of live streaming, there are certain difficulties in regulating the intellectual property care obligations of live streaming platforms. First, the connotation and boundaries of e-commerce platforms are not clear enough; second, the application of core intellectual property care obligations in the live delivery ecosystem is not clear; third, the active trademark review obligations of live marketing platforms need to be further clarified. Through case analysis and standard analysis, it can be known that only when the live delivery platform is a combination of the live marketing platform and the live trading platform, can it meet the connotation of the live e-commerce business platform. Separate live broadcast marketing platforms and live trading platforms need to bear corresponding intellectual property care obligations. The duty of care for intellectual property rights of the live streaming platform consists of core obligations, general obligations and supporting obligations. The core obligations include: "notify + take necessary measures", "know or should know + take necessary measures" and the obligation to actively review trademarks. General obligations and supporting obligations are peripheral obligations, which together constitute the intellectual property care obligation system of the live streaming platform.

Published in	International Journal of Law and Society (Volume 5, Issue 1)
DOI	10.11648/j.ijls.20220501.14
Page(s)	28-34
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Live Streaming Platform, Core Intellectual Property Care Obligations, General Intellectual Property Care Obligations, Supporting Obligations

References

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[2]	China Electronic Commerce Research Center. IDC: In the second quarter of 2021, the share of traditional channels accounted for 37.7% of the overall PC market [EB/OL]. http://www.199it.com/archives/1294240.html.
[3]	People's Court of Haidian District, Beijing. The Haidian Court pronounced the country’s first trademark right case in which the live broadcast platform under the live broadcast delivery scene is an e-commerce platform [EB/OL]. http://bjhdfy.chinacourt.gov.cn/article/detail/2021/06/id/6080078.shtml.
[4]	Beijing Intellectual Property. Judgment Concept of Intellectual Property Cases and Analysis of Difficult Cases [M]. Beijing: Law Press, 2014.
[5]	Peng Guibing. The "Safe Harbor" Rules and the Establishment of the Duty of Reasonable Care for Internet Service Providers——A discussion centered on the case of Zhuoyi Company [J]. Contemporary Communication, 2017 (03): 65-68.
[6]	Si Xiao. The establishment of intellectual property care obligations of network service providers [J]. Science of Law (Journal of Northwest University of Political Science and Law), 2018, 36 (01): 78-88.
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[8]	Cao Yang. Analysis of the Civil Tort Liability of Internet Platform Providers [J]. Eastern Methodology, 2017 (03): 73-82.
[9]	Wang Lei. The Obligation of Platform Intellectual Property Protection from the Perspective of "E-Commerce Law" [J]. China Publishing, 2019 (02): 48-51.
[10]	Yu Tingting. Revision of the Concept of Fault Judgment by Internet Service Providers——Centering on the Establishment of Intellectual Property Review Obligations [J]. Politics and Law, 2019 (10): 123-133.
[11]	Zhu Dong. The application and restriction of safe harbor rules in trademark infringement of online trading platform [J]. Intellectual Property, 2016 (7): 41-74.
[12]	Liu Bin, Tao Liqin, Hong Jiqing. Research on the Intellectual Property Protection Mechanism in the Field of E-commerce [J]. Intellectual Property, 2015 (2): 64-78.
[13]	Zhou Yuan, Tan Liling. The application of the rules for deletion of notifications and its improvement [J]. Technology and Law (Chinese and English), 2021 (03): 93-100.
[14]	Dong Chunhua. On the "generality" of the duty of care in tort law [J]. Journal of China University of Political Science and Law, 2020 (02): 130-142+208.
[15]	Liu Lijia. Re-examination of Internet Service Provider's Infringement Liability [J]. Chongqing Social Sciences, 2018 (07): 65-73.
[16]	Xu Shi. The experience and enlightenment of American network platform assuming indirect infringement of intellectual property rights [J]. Northern Methodology, 2018, 12 (05): 71-79.

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Zhou Hua. (2022). Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. International Journal of Law and Society, 5(1), 28-34. https://doi.org/10.11648/j.ijls.20220501.14

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ACS Style

Zhou Hua. Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. Int. J. Law Soc. 2022, 5(1), 28-34. doi: 10.11648/j.ijls.20220501.14

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AMA Style

Zhou Hua. Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. Int J Law Soc. 2022;5(1):28-34. doi: 10.11648/j.ijls.20220501.14

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@article{10.11648/j.ijls.20220501.14,
  author = {Zhou Hua},
  title = {Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {28-34},
  doi = {10.11648/j.ijls.20220501.14},
  url = {https://doi.org/10.11648/j.ijls.20220501.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.14},
  abstract = {With the rise of live streaming, there are certain difficulties in regulating the intellectual property care obligations of live streaming platforms. First, the connotation and boundaries of e-commerce platforms are not clear enough; second, the application of core intellectual property care obligations in the live delivery ecosystem is not clear; third, the active trademark review obligations of live marketing platforms need to be further clarified. Through case analysis and standard analysis, it can be known that only when the live delivery platform is a combination of the live marketing platform and the live trading platform, can it meet the connotation of the live e-commerce business platform. Separate live broadcast marketing platforms and live trading platforms need to bear corresponding intellectual property care obligations. The duty of care for intellectual property rights of the live streaming platform consists of core obligations, general obligations and supporting obligations. The core obligations include: "notify + take necessary measures", "know or should know + take necessary measures" and the obligation to actively review trademarks. General obligations and supporting obligations are peripheral obligations, which together constitute the intellectual property care obligation system of the live streaming platform.},
 year = {2022}
}

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TY  - JOUR
T1  - Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property
AU  - Zhou Hua
Y1  - 2022/01/17
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.14
DO  - 10.11648/j.ijls.20220501.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 28
EP  - 34
PB  - Science Publishing Group
SN  - 2640-1908
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AB  - With the rise of live streaming, there are certain difficulties in regulating the intellectual property care obligations of live streaming platforms. First, the connotation and boundaries of e-commerce platforms are not clear enough; second, the application of core intellectual property care obligations in the live delivery ecosystem is not clear; third, the active trademark review obligations of live marketing platforms need to be further clarified. Through case analysis and standard analysis, it can be known that only when the live delivery platform is a combination of the live marketing platform and the live trading platform, can it meet the connotation of the live e-commerce business platform. Separate live broadcast marketing platforms and live trading platforms need to bear corresponding intellectual property care obligations. The duty of care for intellectual property rights of the live streaming platform consists of core obligations, general obligations and supporting obligations. The core obligations include: "notify + take necessary measures", "know or should know + take necessary measures" and the obligation to actively review trademarks. General obligations and supporting obligations are peripheral obligations, which together constitute the intellectual property care obligation system of the live streaming platform.
VL  - 5
IS  - 1
ER  -

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Author Information

Zhou Hua

School of Law, Jiangsu University, Zhenjiang, China

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Plain Text BibTeX RIS

APA Style

Zhou Hua. (2022). Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. International Journal of Law and Society, 5(1), 28-34. https://doi.org/10.11648/j.ijls.20220501.14

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ACS Style

Zhou Hua. Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. Int. J. Law Soc. 2022, 5(1), 28-34. doi: 10.11648/j.ijls.20220501.14

Copy | Download

AMA Style

Zhou Hua. Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property. Int J Law Soc. 2022;5(1):28-34. doi: 10.11648/j.ijls.20220501.14

Copy | Download

@article{10.11648/j.ijls.20220501.14,
  author = {Zhou Hua},
  title = {Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {28-34},
  doi = {10.11648/j.ijls.20220501.14},
  url = {https://doi.org/10.11648/j.ijls.20220501.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.14},
  abstract = {With the rise of live streaming, there are certain difficulties in regulating the intellectual property care obligations of live streaming platforms. First, the connotation and boundaries of e-commerce platforms are not clear enough; second, the application of core intellectual property care obligations in the live delivery ecosystem is not clear; third, the active trademark review obligations of live marketing platforms need to be further clarified. Through case analysis and standard analysis, it can be known that only when the live delivery platform is a combination of the live marketing platform and the live trading platform, can it meet the connotation of the live e-commerce business platform. Separate live broadcast marketing platforms and live trading platforms need to bear corresponding intellectual property care obligations. The duty of care for intellectual property rights of the live streaming platform consists of core obligations, general obligations and supporting obligations. The core obligations include: "notify + take necessary measures", "know or should know + take necessary measures" and the obligation to actively review trademarks. General obligations and supporting obligations are peripheral obligations, which together constitute the intellectual property care obligation system of the live streaming platform.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Research on the Duty of Care of Live Broadcasting Platforms from the Perspective of Intellectual Property
AU  - Zhou Hua
Y1  - 2022/01/17
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.14
DO  - 10.11648/j.ijls.20220501.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 28
EP  - 34
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.14
AB  - With the rise of live streaming, there are certain difficulties in regulating the intellectual property care obligations of live streaming platforms. First, the connotation and boundaries of e-commerce platforms are not clear enough; second, the application of core intellectual property care obligations in the live delivery ecosystem is not clear; third, the active trademark review obligations of live marketing platforms need to be further clarified. Through case analysis and standard analysis, it can be known that only when the live delivery platform is a combination of the live marketing platform and the live trading platform, can it meet the connotation of the live e-commerce business platform. Separate live broadcast marketing platforms and live trading platforms need to bear corresponding intellectual property care obligations. The duty of care for intellectual property rights of the live streaming platform consists of core obligations, general obligations and supporting obligations. The core obligations include: "notify + take necessary measures", "know or should know + take necessary measures" and the obligation to actively review trademarks. General obligations and supporting obligations are peripheral obligations, which together constitute the intellectual property care obligation system of the live streaming platform.
VL  - 5
IS  - 1
ER  -

Copy | Download