지식재산권 침해 신고에 따른 판매 중단과 전자상거래 플랫폼의 불법행위책임 = Tort Liability of E-commerce Platforms for Sales Suspension Based on Intellectual Property Infringement Claims

다국어 초록 (Multilingual Abstract)

The rise of e-commerce platforms has been accompanied by an increase in intellectual property (IP) disputes. In particular, unjustified suspensions of sales triggered by IP infringement claims have resulted in significant economic losses for sellers and raised complex questions regarding platform liability. This study analyzes the legal framework governing such liability and explores directions for legal and policy development through a comparative analysis of the United States, Europe, and Japan.
Platform liability should be assessed based on the contractual relationships between platforms, sellers, and rights holders. The standard of due diligence required of platforms must be determined in light of their business models and the degree of their involvement.
When evaluating tort liability, the specific circumstances of each case must be carefully considered, including the content of the infringement claim, the extent of substantiation provided by the rights holder, and the counterarguments presented by the accused seller. A key factor in determining liability is whether the platform knew or should have known that the claim was unjustified. The fairness and reasonableness of the procedures followed by the platform also play a critical role. Furthermore, whether the platform took reasonable steps to minimize the damage caused to sellers by unjustified suspensions should influence the scope of liability. The Anglo-American doctrine of exemption from consequential damages and the Korean civil law concept of special damages can serve as theoretical grounds for reasonably limiting the extent of platform liability.From a policy perspective, it is essential to establish fast and effective dispute resolution mechanisms and to introduce measures that deter abusive claims. To ensure procedural fairness, institutional safeguards are necessary, such as independent dispute resolution bodies within platforms, automatic reinstatement of listings if the rights holder fails to initiate legal action within a specified period, and sanctions against repeat false claimants.
Ultimately, unjustified takedown notices and sales suspensions on e-commerce platforms must be addressed through a balanced approach that protects both the rights of IP holders and the legitimate business interests of sellers. Such a framework is essential to achieving the dual objectives of effective IP protection and the sustainable development of the e-commerce ecosystem.