Legal Research Of Online Shopping Infringing Intellectual Property Rights

The electronic commerce is considered to be the Top10competitive of National Internet application service and have good prospect of development during the "12th Five-Year Plan".While internet shopping became increasingly common,at the same time, they have to face serious intellectual property problems.Intellectual property infringement behavior in Internet shopping are banned repeatedly more than one time, it had greatly damaged the lawful interests of enterprises, and disrupted the normal economic order of transaction, the situations of counterfeit commodity are in some degree damaging the national image.Electronic commerce platform is the victims of the network shopping violations of intellectual property rights,and often become the accomplice who appeared in the dock with the network user.Therefore, in the shopping network intellectual property infringement cases, the determination of an e-commerce platform infringement act is particularly important.In practice, it should be according to the different forms of electronic commerce form choice of law, can’t lump together while ignoring the industry characteristics.In the use of existing laws to responsibility cognizance process, it should in-depth understanding of law on the basis of the provisions of laws and regulations, draw lessons from the advanced similar part, and to realize the real meaning of fair liability.In this paper, based on China’s current network market situation, first of all the forms of intellectual property infringement of the online shopping were classified analysis;On the basis of it is the current situation of intellectual property protection in electronic commerce including legal and policy measures at home and abroad;Some domestic and foreign classic cases and judgment were put forward, then its legal analysis, which leads to the emphasis of this paper, namely the e-commerce platform to infringement act for infringement of intellectual property rights from the perspective of online shopping research;The fourth chapter separately from the two different electronic commerce pattern B2C and C2C to discuss under the two models of intellectual property tort liability forms and different ways of tort;The fifth chapter is based on the fourth chapter is about comparative study of domestic and foreign legislation for electronic commerce platform’s infringement liability of the different provisions;Finally in the sixth chapter present law of our country, namely the Tort Liability Act No.36to carry on the analysis, give some legislative suggestions to the future related laws, especially legislation should pay attention to balance of interests distribution, protection of human rights at the same time, consideration must be given to the electronic commerce industry and the public interest, but also from the policy, administrative cooperation and shopping psychology on the shopping network intellectual property infringement situation and put forward some counter measures.