Research On Trademark Tort Liability Of Internet Computer Service Provider

With the development of internet technology, the form of daily transactions has also changed,a new form of transaction takes place. Internet Computer Service Provider provides services through internet dealing platform. With the emergence of Internet Computer Service Provider,our country has began to study the law system of Internet Computer Service Provider. Establishing and improving the law system is good for ensuring the healthy development of electronic business of our country. This paper researches the trademark tort liability on Internet Computer Service Provider by analyzing law subject status,responsibility, trademark tort liability of Internet Computer Service Provider and advising relevant suggestions on it.This paper totally comprises of four sections. The first section introduces the Taobao case,and then proposes some problems of the trademark tort liability of Internet Computer Service Provider.The second section discusses the subject status and responsibility of Internet Computer Service Provider. The section describes operation mode of Internet Computer Service Provider,and then elaborates the subject status of Internet Computer Service Provider. Internet Computer Service Provider just only provides service rather than really take part in the action involved with transaction of commodity. At last the section summarizes the relevant responsibility of Internet Computer Service Provider.The third section describes the trademark tort liability of Internet Computer Service Provider by analyzing the constitutive elements, counterplea and exemption of Internet Computer Service Provider.The fourth section drafts suggestions related to national legislation of Internet Computer Service Provider. At first the section describes the current legislation situation of our country and poses deficiency,and then puts forward suggestions in the aspect of legislation values, computer certification system,industrial self-discipline system and so on.