The Research Of Indirect Infringement Of Trademark By The Network Trading Platform Porovider

Online shopping, as the main forms of e-commerce, is often classified as B2B, B2C, C2C three models, this classification standard has become the most popular division way nowadays , but this division manner has no practical significance to our research of the intellectual property rights infringement liability of the network trading platform providers. To establish a more legal significant division standard, we should consider from the perspective that whether the platform providers participate in the transaction. Internet trading platform providers, as a kind of Internet Service Provider, don't directly involve themselves in the trading activities on their platforms, they play a passive spectator role throughout the transaction process. Their main function is to provide the virtual cyberspace and the actual storage devices, and to enact the necessary service agreements, trading rules and other management institutions. Trademark infringement can be divided into direct infringement and indirect infringement, which should be based on the Possibility of Confusion as the final standard. Internet trading platform providers do not actually involve themselves in the transaction, this feature decides their serving activities can only likely to indirectly infringe trademark rights. There is a big controversy about which criterion of liability should be applied to the intellectual property rights infringement liability, and different choices will lead to different elements of infringement liability. As far as the direct infringement and indirect infringement, they should apply the different criterion of liability. Indirect infringement of trademark should apply the criterion of fault liability, which includes four traditional elements. Identifying the elements of the infringement liability, we should put the emphasis on the subjective fault of the network trading platform providers, and the setting of their duty of care has become the most important problem when we adopt the objective criterion. We should fully take into account their actual regulatory capacity and operation cost, and reduce their infringement risks, balance the interests among all parties, and achieve the target of promoting e-commerce industry development and protecting intellectual property rights.Take the case of this paper, we will combine cases and theories to research the indirect infringement of trademark by the platform providers. First of all, sum up the legal issues through a typical case, then analyze the legal position of the providers in theory . Secondly, collate the criterion of liability of indirect infringement of intellectual property rights, then reconstruct the division standard of trade mark infringement. Finally, conclude the elements of the indirect infringement of trademark by network trading platform provider and point the rules to identify the elements.