Shih-wei Chao
An emerging trend in intellectual property law is e-commerce platforms adjudicating infringement disputes. When platforms receive right holder complaints and decide whether to remove product listings, suspend the seller, or destroy the infringing inventory—intentional or not—they are acting as “courts,” applying unique “laws” and granting platform-style “remedies.” To provide a peek into this nascent realm of intellectual property alternative dispute resolution, this article first compiles what is known about platforms’ adjudication mechanisms, from complaint to decision, from enforcement to “appeals,” covering both platforms’ basic complaint systems and Amazon’s UPNEP/APEX program. Normatively, however, there are concerns that platforms are taking over the role of intellectual property courts, which this article explores. If not treated carefully, platform adjudication could erode due process, nullify substantive legal doctrines, and stunt intellectual property law development. Next, this article discusses the upsides of this new trend, including significant time and cost savings that must be acknowledged, and how platform adjudication can be a welcome addition alongside pre-existing compact intellectual property dispute resolution institutions in the public sector. Finally, by examining courts’ decisions on motions to enjoin platform adjudication, this article suggests that platform adjudication for resolving infringement disputes is here to stay.