Abstract: After the official implementation of the Civil Code, the "Notice and Taking Down" rule in judicial practice reflects the following problems in the direct application of the system to patent infringement in the field of e-commerce:the potential abuse of the rule, the disequilibrium of the interests between the right holder and the merchant;The audit standard of notice and counter notice is difficult to reach the same level, resulting in material injustice; Merchants lost due to incorrect notifications are difficult to recover. To solve the above problems, the existing solutions of the academic community are insufficient. It is necessary to start from the particularity of patent infringement, interpret and apply it in accordance with the provisions of Article 1195 of the Civil Code, explore platform autonomy, and promote the application of the "Notice and Taking Down"rule in patent infringement in the field of e-commerce.

Key words: notice and take down, patent network infringement, E-commerce platform, infringement liability, platform autonomy