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Network Environment, The Legal Protection Of Trademark Infringement Under Study

Posted on:2013-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:C ShiFull Text:PDF
GTID:2216330374958321Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the arrival of network, the regional characteristic of traditional trademark has been impacted, and the network has caused the extension of the concept of trademark. Sorts means of trademark infringements appear with the development of high technology. However, the law could not meet the needs which the highly development has caused. Also, the application of traditional theory of trademark infringement on net should be reconsidered. This essay is based on these practical questions.Under the network environment, new forms of trademark infringements have appeared, thus have initiated us pondered regarding the traditional trademark rights and the trademark legal regime.3ecause of the differences between traditional trademark infringements and trademark infringements under network, it is difficult to refer to current trademark laws and regulations to solve the cases. The law should be made with the development of society, only with this, the laws could be conformed as the society's guidance and the standard function.The first chapter introduced the concept of trademark in cyberspace as well as its differences to the traditional trademark infringement, in order to present that it is necessary and meaningful to protect trademark rights in cyberspace.The second chapter discusses the forms of trademark infringement in cyberspace based on the domestic and abroad cases. In this chapter, four forms of infringement will be discussed:trademark infringement in site, domain name trademark infringement, network link trademark infringement as well as search engine trademark infringement.The third chapter mainly regarding the network trademark infringement in different countries, regions and international organizations. In this essay, the legal regime of the U.S., Europe and the World Intellectual property organization will be compared.The fourth chapter gives forth the proposal relating to the protection regime of protection to trademark in cyberspace, based on the present framework and regulations.
Keywords/Search Tags:cyberspace, trademark infringement, infringementresponsibility
PDF Full Text Request
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