Research On The Indirect Infringement Of The Trademark

The system of the direct infringement of the trademark had been created at the early time when the system of the trademark was establishment, which can regulate the actions of the infringement trademark sufficiently in that economic and technological conditions.On that specific historical background, only some people who has financial strength may make serious harm to the interests of the owner of the trademark, the tort subject, form and scope are simple and easy to determine relatively. But with the fast growth of China's economic, commercial activities have become prosperous increasingly, many new types of trademark infringement have been happened, these problems can not be solved properly according to the current legal and principles of China's. In order to strengthen the protection of intellectual property many developed countries are clearly established the rules of "indirect infringement" : even if one don't infringe the exclusive right of others'directly, but abetting ,inducing or helping others to finish direct infringement behavior, the person can not evade the laws, he must bear the responsibility of "indirect infringement". With the development of our social and world, the system existed now was difficult to meet the needs of our society, as the Universal Declaration of Human Rights in the context of the French Revolution, establishment and improvement theory of indirect infringement is very necessary and natural to the request of China's social. Indirect infringement is established in trademark law ,not only to expand the scope of the protection of trade mark, but also make clear boundary between direct infringement and indirect infringement, the scope of direct infringement is not expansion unreasonable can prevent the emergence of the phenomenon that the level of protecting trademark, so that the interests can receive a balance state on the whole.To start with the definition of indirect infringement trademark, make comparison between trademark indirect infringement and those systems that related to indirect infringement in-depth, analysis the lack of rules of trademark infringement indirectly encountered confusion in practice of the judicial, and analyze and summarize the rules of indirect infringement that more perfect these well developed has set up, our country can make a better reference. Finally, put forward some suggestions to improve China's trademark legislation according to analysis the legislative situation in our country .Paper is divided into four parts: The first part is discussing how to define indirect infringement of trademarks. Introduce the concept of indirect infringement of trademarks, the legal characteristics of subjective and objective aspects and the boundaries between indirect infringement and direct infringement. The second part talk about the legal basis of the trademark Infringement established, lag legal decisions that indirect trademark infringement rules must be established, and finally make compare elements and imputation rules of direct trademark infringement with indirect infringement, compare the relationship between the two, at the same time compare indirectly infringing the trademark with infringement together according identification standards, causal links and the proceedings .To discuss the necessity to establish a system of indirect infringement. The third part analysis the absence of the rules of Trademark Infringement encountered many problems and great challenges in judicial practice according many new cases. The fourth part analysis the system of indirect infringement in foreign countries. Many more foreign trademark infringement that sound give a great inspiration to China, our country can select some suitable for us approaching to meet the urgent needs of society. The fifth part make specific programs of the construction of the system of indirect trademark infringement, on the basis of division direct infringement and indirect infringement we should constitute the elements of indirect infringement, create the special rules to the special subjects of indirect infringement .