Research On The Determination Of Civil Liability Of Trademark Infringement In Market Operators

In trademark infringement cases, the object of the claim for damage compensation expands from direct infringer to market operation managers who conduct business through opening market, so that the trademark owner’s legitimate interests can get full and timely remedy. However, there is no clear definition about the market operation managers and the rights and obligations of them in the existing legal system. In practice, the court’s final judgment will have a significant impact on cracking down on trademark infringement activities and standardizing the market operation managers’management. Therefore, related standards of the identification need to be unified so as to realize the balance of rights and interests protection between the both sides. Based on the analysis of domestic and foreign existing related legal norms and international convention and the courts’judgment in specific cases, this paper through the research of problems such as the definition of the legal status of market operation managers, the standard of tort liability, which form and nature of the responsibility after the infringement and so on, in order to explicit in trademark infringement cases how to reasonably and effectively investigate the civil tort liability of market operation managers, then the trademark infringement can get timely and effectively containment, to achieve the dual purpose that both fully protect the legitimate rights and interests of the trademark holder and reasonable effectively regulate the business activity of the market operation managers.