Research On The Trademark Infringement In Electronic Commerce

As of early2012, China’s netizens reached513million, the number of Internetusers than any other country in the world. Increasingly flourishing of the Internet inpromoting the development of e-commerce market, the lifestyle of the people of thegreat convenience, it also brings the online infringement, a range of issues such asphishing, Network tort "phenomenon, and even threats to the Chinese e-commercehealthy development.Online trademark protection to the trademark and its goodwill value from damage,to protect the trademark owner’s investment from loss of market share or businessopportunities but to return to protect the legitimate competition in e-commerce.Trademark to consumers to identify high-quality goods or services and their sources ofpossible online. If laissez-faire on the Internet acts of trademark infringement, it isdifficult to avoid deception, confusion, inappropriate contact and consumers online,mistaken mistakenly purchased. Research the trademark infringement of fake andshoddy products in the e-commerce in the maintenance of the normal development ofChina’s Internet economy and maintain the image of China in international economicdevelopment is of great significance, through the infringement of fake and shoddyproducts in the e-commerce allows businesses to better take the appropriate strategy toprotect their own reputation of their trademarks.From the perspective of the legal profession, the products sold through the networkbehavior is for the sale, already constitute a contract fraud. The sale of counterfeit andshoddy products have been seriously violated the trademark rights of enterprises, andChina in the legislative or judicial interpretation of the network and selling behaviordefinition of trademark infringement and sentencing is not perfect, urgent need to study,and should speed up the e-commerce legislation the advance. Resolve this issue, wemust strengthen research on fake and shoddy products in e-commerce legal issues, andlegislative, judicial provide theoretical support and guidance.