Typed Analysis And Legal Regulation Of The Trademark Infringement Under The Network Environment

The rapid development of information technology turned the network space into a brand new market economic society, at the same time, brought huge challenge to the regulation of economic operation of the traditional legal. Facing the multifarious and complicated technical trademark infringement behaviors appeared under the network environment, the trademark law enacted by traditional legal system has been difficult to play a effective trademark protection.Based on the current situation,this paper was expected to find solutions and approaches. Therefore,the trademark in the internet environment is the object of this study, it is compared with traditional trademark in this thesis. Then summarized the classification of the trademark tort in network environment, the whole study finally finds out the deficiencies of traditional trademarks by the means of many cases and previous research achievements. According to the results of orderly achievement-stereotype principle analysis, find the root of the problem, puts forward some Suggestions from macroscopical to microcosmic views.This paper has four parts. The first part is overview. It is compared with traditional trademark in this part in order to find some characteristics.The second part is trademark infringement behavior under the network environment and its classification research. First, discusses the determination standards and important influence factors, has been clear about the how to judge a behavior under the network environment is the trademark infringement behavior. Period discusses"confusion theory"that influences behavior. Then discusses several specific trademark infringement behaviors, classification by methods, get chart 2-1.The third part is liability analysis. Including the determination of imputation principle, the analysis of responsibility constitutions, reasonable use and famous trademark special situation analysis, and the typed analysis of liability, liability form. Then discusses several specific trademark infringement behaviors, classification by subjects, get chart 3-1。The last part is the perfection of legal regulation. According to the results of orderly achievement-stereotype principle analysis, find the root of the problem, puts forward some Suggestions from macroscopical to microcosmic views in five aspects.