Research On Legal Issues Of Trademark Infringement Of ISP

Today, Internet and E-commerce has become an indispensable part of modern life. With its rapid development, on the one hand, it has provided a new opportunity to businessman to expand their market and brought convenient to the public. On the other hand, the traditional intellectual property legal system is facing enormous challenge. Nowadays, the conventional trademark infringement issues has begun to appear in the cyber world. Nevertheless, on account of the differences between the network and the real world many problems can not be resolved according to the existing laws and regulations any more. The two cases mentioned in this thesis just highlight the above contradictions in the network. However, our country still have insufficient research on the issue of trademark infringement of ISP, so going deep into the significant discussing is really necessary in areas of theory and practice. Four chapters are included in this paper.This article firstly analyse the radical issue of ISP. In this chapter, the present writer introduce the concept and classification of ISP and give the category which accepted in this paper. Subsequently, analyse the characteristics and standard of trademark infringement of ISP from research on internet infringement. In the end, in-depth study the theoretical foundation which composed of three parts:Theory of tort liability,Theory of balance of interests,The theory of social cost control.In the second chapter, mainly research into the issue of trademark infringement of ICP. Due to ICP is an special subject in ISP, author analyse its issue not only in theory which composed of the characteristics and legal status of ICP,principle of infringement responsibility and formations, but also in practice by anatomy with a typical case.Chapter three, emphasize introducing the IAP and IPP. IAP and IPP as another subject of ISP is different to ICP, so there has a lots of distinctions between them. Combined a typical case author analysed its special legal status,principle of infringement responsibility,infringement way and formations.Finally, combined the current legislation status outside and inside then summarize their lawmaking experiences, the thesis present three part suggestions for protecting our country's legal institutions of trademark infringement of ISP.