The Responsibility Of The Network Platform Provider In Trademark Infringement

Today, Internet and E-Commerce has played an indispensable role in our daily life. On one hand, it has provided a new opportunity for the merchants to propagate their commodities as well as expanding the market, in the same time, brought the convenience to the consumers. On the other hand, the traditional intellectual property legal system is facing enormous challenges. Nowadays, the conventional trademark infringement issues have begun to appear in the cyber world, such as:counterfeiting. Nevertheless, on account of the differences between the virtual world and the real world, many problems can’t be resolved according to the existing laws and regulations. It is a common problem to identify the Internet platform provider’s liability in trademark infringement cases around the world.In this paper, I try to combine the cases with a set of theories to discuss indirect infringement and trademark attribution issues for the platform provider. I put forward two major problems here, one is to define the dominant position of the Internet trading platform, and whether their behaviors involved infringement.Five chapters are included in this paper:The article first give some cases about Ebay jurisprudence, from United States> France and Germany, then from cases lead to problems.In the second chapter, give the definition of the network platform provider, meanwhile, I compare the Internet platform providers with traditional business models, and get the conclusion that ISP is very similar to the site provider. Finally, look into our country’s judicial practice selection, like US, the ISP doesn’t need to take the responsibility.Chapter three, divided the trademark infringement into direct and indirect infringement, and introduced them. Thus, explore the two principles of attribution in intellectual property infringement in our country:no fault liability and liability for wrongs. Finally, concluded that principle of presumption of fault is suitable for our country. Finally, mainly talked the necessity of introducing the trademark indirect infringement to our country, and the disadvantages of the joint infringement, from the status of legislation, and the urgent need, and some rules can be borrowed from the indirect copyright infringement.