Analysis Of Violations Of The Legal Responsibility Of The Vendors In Trademark Cases

The State Council issued the "Outline of National Intellectual Property Strategy" in 2008, which further highlights the important position of intellectual property in nation strategy. With the development of the market economy, the trademark, as an important part of intellectual property, shows enormous economic value more clearly to the public. It intensifies the act of ownership of trademark infringement. The law requires every citizen to take the ownership of trademark, an absolute right, on general duty. If one violates this duty, he will damage to the trademark privileges. The seller infringe the rights, as an independent act of infringement, has its own particularity. In specific cases of trademark infringement, the rights holders commonly sue the sellers if they do not know the manufacturers. Responsibility principle in the field of intellectual property infringement is a more sensitive and important issue, which involves not only a national intellectual property values of justice, but also directly affect the rights of intellectual property infringement cases were vital interests. According to China's "Trademark Law" in the process of revision can also be obtained in the field of trademark infringement, no-fault principle has been established. However, according to China's "Trademark Law" Article 52 paragraph 2, of the provisions of trademark infringement of registered sales of goods, an infringement of a registered trademark of the act. According to Article 56 paragraph 3, provisions, sales do not know infringement of registered trademark goods, to prove that the goods are legally acquired and that their provider is not liable for damages. Obviously, the subjective fault of the seller does not affect that the seller take the law liability, as long as they sell the goods which have infringed ownership of trademark. Therefore, determining the law liability of ownership of trademark infringement should base on the dominant position of no fault principle context, liability without fault should be fully identified the dominant position of principle. According to the law, the seller should not take law responsibility.