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

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.