Indirect Trademark Infringement Issues

Our economy is developing at high speed, gradually enhancing the comprehensive national strength and social life is incessantly changing, under this background, the lag character of the law stands out most prominently. Many new problems lack of laws, like the question of indirect infringement of trademark rights, then, it has the objective of the problems that exist, only to discover and make reasonable provisions to be crucial.From the judicatory practice, mainly two categories for indirect infringement of trademark rights responsibility, namely, the provider of market and the net search operation, this article pays attention on the analysis of the indirect infringement of trademark rights'origin and the existing development. Based on this is in direct violation of this kind of third party shall be the responsibility of the need for the present case, but the reasons for lack of law is not reasonable, and offered to study the problem of indirect the development of the most perfect state ---the united states indirect infringement of trademark rights system and domestic situation analysis on the basis of a trademark infringement of our country as soon as possible remote legal system. This article mainly divided into four parts:The first part introduce the first was recognized as indirect infringement of trademark rights cases, and indirect infringement of trademark rights of the problem at source, and in case of a trademark infringement on the indirect question of development must be investigated for trademark infringement of necessity and indirect responsibility for improving China's trademark law meaning.The second part gives the concept of indirect infringement of trademark rights, its behavior and types, introducing the indirect infringement of trademark rights system and development described in detail the meaning of this country by the trademark law system.The third part introduces our processing indirect infringement of trademark rights law in point and applicable in cases of the process review the rules pertaining to progress in the present situation of detailed analysis in dealing with problems, gives the existence of deficiencies.The fourth part affirms the independent of indirect infringement of trademark rights on the basic of analysis of the indirect violation involved a problem and study abroad for trademark infringement and indirectly provided, gives my view for setting up specific legal system of indirect infringement of trademark rights, makes the indirect infringement of trademark rights be institutionalized and legal sanction as soon as possible.