Research On Regulation Of Indirect Trademark Infringement

With the increasing prosperity of commercial activities and the continuous development of thenetwork technology, various new trademark infringement disputes emerge in an endless stream,especially the emergence of the indirect trademark infringement keeps the existing trademark tortrules from satisfying the practical needs, the generation of indirect infringement trademark systemfor this problem provides a way to solve. Through analyzing the necessity of establishing indirecttrademark infringement system and the predicament of applying indirect trademark infringementsystem, the article points out that we should improve the legislation environment of the indirectinfringement system and structure indirect trademark infringement liability elements combinedwith the judicial practice in our country.Besides the introduction and conclusion, this article is divided into five parts to carry on theelaboration:In the first chapter, the article defines the concept and the characteristic of the indirecttrademark infringement, through comparing the difference of the applicable conditions and rules inthe indirect trademark infringement and the indirect copyright infringement and the indirect patentinfringement, points out the meaning of existence.In the second chapter, the article points out the earlier general tort law rules no longer adapt tothe indirect trademark infringement, most developed countries have established the rule of indirecttrademark infringement. In our country, there is some confusion in the judicial practice of theindirect trademark infringement, therefore, the article advocates we should establish the indirecttrademark infringement system as soon as we can.In the third chapter, the article points out the predicament of applying the indirect trademarkinfringement system to regulate the indirect trademark infringement in china, the directinfringement trademark rules are not reasonable, The imputation principles of trademarkinfringement liability is not clear, the regulation of the trademark infringement is not various. Thesenot perfect aspects make the application of indirect trademark infringement unreasonable.In the forth chapter, the article points out that we should improve the environment of indirecttrademark infringement regulation, define the boundaries of direct infringement and indirectinfringement and clear the imputation principles of trademark infringement liability. The directtrademark infringement is the existence of indirect trademark infringement, only to clear theboundaries between the two can regulate the indirect trademark infringement in better. The mainpurpose of the regulation is to require the indirect infringer to take responsibility for theinfringement and the premise of undertaking responsibility is to determine the imputation principles of trademark infringement liability.In the fifth chapter, through analyzing three different indirect trademark infringements, thearticle proposes the program of constructing the elements of indirect trademark infringementliability: set different elements for different indirect trademark infringements, mainly to refine theidentified criteria.