Research On The Tort Liability Of Internet Trading Platform Provider

With the continuous development of online shopping, not only provides a platform for medium and small merchandising retailer, and bring consumers a convenient way to shop, but also the influx of fake and shoddy goods shopping platform, the sale of counterfeit goods not only infringe the intellectual property rights of people, especially the rights of trademark owners. In recent years, China’s courts accepted a series of online transaction processing platform providers and their users as co-defendants infringe intellectual property rights of new cases. Infringement whether online trading platform provider that tort liability for its users to become the focus of controversy. Based on the collation and analysis of relevant case, pointing out that such infringement when identified major differences exist.The reason is China’s online trading platform provider tort legislation is not comprehensive, the law does not specify the legal obligation online trading platform provider need to have. The author of the law through the interpretation of the relevant issues.This paper is divided into four parts:The first part is a case leads to problems. In this paper, finishing two typical cases of trademark infringement related, through a comparative analysis of the case, summarized the court finds there are differences in the online trading platform provider tort liability issues. This difference is mainly online trading platform providers on the basis of tort liability status. Clear legal status is determined online trading platform provider obligations and responsibilities under the premise. The section through the online trading platform provider views the legal status assessment, draw online trading platform is a network service provider’s.The second part is the online trading platform provider to review whether the obligation or duty of care and its contents. Internet trading platform providers respond to information on the site which bears monitoring obligations and duty of care is necessary, such as the review of the seller’s identity, business qualifications, verifying the authenticity of the product, the seller infringement of monitoring sanctions.The third part is the online trading platform providers identified subjective fault tort liability issues.Subjective aspects of online trading platform provider for tort liability that "know" judgment and finds that, in the presence of some academic controversy. For the subsection "know" meaning it clear that "knows " meaning that includes knowing and reason to know that. And in accordance with insufficient points, the corresponding improvement suggestions. The fourth part online trading platform provider for tort liability objective aspect, namely online trading platform provider after receiving the notice, it shall take the necessary measures. The content and form of the notice, the law does not give a clear requirement. We believe that the form of the notice must be in writing. Internet trading platform provider in taking the necessary measures should also have the appropriate conditions.