On Trademark Infringement Responsibility Of Internet Trading Platform Service Provider

Today, ecommerce has become an indispensable business tool of modern life, and it is becoming the major fashion of international economy and trade in 21st century. More and more transactions go through the EDI service and other forms of communication known as ecommerce. The volume and growth rate is astonishing. As a new form of the transaction, Ecommerce has developed rapidly by virtue of the mature and improved Internet technologies. This business provides an opportunity to expand the market, and brings convenient and fast way of shopping to the public. At the same time, the traditional intellectual property legal system is facing enormous challenges. Not only infringement of intellectual property rights disputes around e-commerce can not be effectively resolved, but also Intellectual Property Law faces new challenge. With the growth of Internet transactions and the development of the virtual world, the reality of common trademark infringement issues has begun to appear in the network. However, because of the difference between the virtual world and the real world, many problems can't be settled according to the existing legislation. Denma AKTIESELSKABET AF 21.NOVEMBER 2001 eBay Inc. v. trademark infringement case, the Puma AG v. Taobao trademark infringement case and the jeweler Tiffany (Tiffany & Co) v. online auctioneer eBay trademark infringement case, highlight the above contradictions in the network.The paper mainly discuss the problem of indirect trade mark infringement reflected by AKTIESELSKABET AF 21.NOVEMBER 2001 trademark infringement case and Taobao Puma AG v. trademark infringement case.This article firstly explore the legal status of the CTOC mode network platform, in order to identify the network service provider could assume the liability of infringement.Then, the application and development of indirect infringement theory in the real world is explained through discussing cases about indirect infringement, in order to provide legal analysis the principles of network service provider's trademark infringement responsibility. Finally, the text brings forward some legislative proposals about regulating the environment of e-commerce trade according to the inadequacy of our existing legislation in the field.