Research On Trademark Tort Liability Of Network Trading Platform

The rapid development of network transactions is not only leading the new direction of the development of China’s consumption, but also indicates the great potential of China’s online consumption.At the same time, people will focus more on trademark rights of the trademark into a network environment. The protection of trademark rights are related to more factors, and more complex.But, The traditional tort norms can not be applied, Otherwise, it will result in inequities predicament. Due to the unclear legislative and too general, confusion arises in the judicial practice.The first chapter mainly includes online trading platform’s position, role and legal nature of trademark infringement. The legal status of online trading platform’s analysis builds on its functional analysis. In fact,online trading platform provider primarily provide online trading services and transaction information service, not directly involved in online transactions. Online trading platform provider is not agent auctioneer and counter lease. Internet trading platform provider has its own independent legal nature and status. Also,Trademark infringement theory introduction primarily include direct infringement and contributory infringement theory of indirect infringement theory. The theory of contributory infringement is appliable in the continental law system and our country.The second chapter is to analyze the lack of legislation online trading platform provider of trademark infringement. Judicial practice confusion is a direct manifestation of insufficient legislation, the paper summarizes the relevant case and major problems encountered in the judicial practice.The major problems are:Trademark infringement theory applies fuzzy;subjective judgments online trading platform provider fault standards are not uniform and the ignorance of trademark infringement and balance the public interest. This paper detaily analys the three aspects.The third chapter is about useful reference foreign legislation and judicial practice experience, It is mainly related to legislation and case law from the United States and the European Union.In the United States, Indirect infringement are classified by judicial precedents and determined to practice corresponding infringement, more conducive to the court in such behaviors. The eu is mainly in the electronic commerce directive principle rules of the indirect infringement, to guide or should be known as the standard of judging subjective fault, in specific judicial practice concrete judgment.The fourth chapter is related legislative proposals, the full text of the analysis, this paper proposes the following four legislative proposals:clearly defined the theory of contributory infringement to online trading platform providers trademark infringement; Detailed notice delete obligations; stipulate subjective fault judgment standard in the judicial interpretation provisions, adapt the enumeration and generalization of the combination of legislative mode.