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The Research Of Responsibility Of The Online Trading Platform Providers For Infringing Intellectual Property Right

Posted on:2013-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WeiFull Text:PDF
GTID:2246330395988455Subject:Intellectual Property Law
Abstract/Summary:PDF Full Text Request
Online shopping and online trading have become the development trend of futurebusiness activities, behind the prosperity of the online trading market, a variety of IPRviolations frequently occur on the online trading platforms. For these violations, should theonline trading platform providers bear the responsibility? Or if they should undertake theresponsibility, what responsibility should they bear? What is the doctrine of liability fixation?And what are the constitutive requirements of the responsibility? These issues are the focusesof this study.This paper firstly analyzes the types of online trading platform providers, sums up thedifferent legal statuses and the different obligations according to the characteristics ofdifferent types. Secondly, it sums up the two types of the IPR violations from online tradingplatform providers: direct infringements and indirect infringements. Thirdly, with thecomparison study of relevant abroad legislations and the analysis of China’s intellectualproperty law experts’ debates on the no-fault liability theory and the fault liability theory andthe current legislations of China, it sums up the doctrine of liability fixation of the civilliability of the IPR violations from online trading platform providers: for the cessation of theinfringement that belongs to property rights protection,the providers should apply to theprinciple of liability without fault; for the liability on compensation for damages that belongsto obligatory rights protection, the providers should apply to the principle of liability forwrongs.Finally, according to the summary of the doctrine of liability fixation, this paperexplores the constitutive requirements of the responsibility on compensation for damages ofthe IPR violations from online trading platform providers and we should use the traditionalfour elements: harm behaviors, the facts of damages, the causal relationship between the harmbehaviors and the facts of damages, the subjective faults which is difficult to be affirmed.Based on the theory of objective standards, this paper summarizes the provisions of our lawsaccording to the Safe Harbor Rules and the Red Flag Standard and the rule of no-monitoringobligation and the section36of our Tort Liability Act.After analyzing the responsibility the IPR violations from online trading platformproviders, this paper also provides some suggestions. We should recognize that, since theinformation age, the improvement of law and the development of technology is not alwayssynchronized, the issues of law lags become more and more prominent. Facing the endless stream of new legal issues brought from the ever-changing new technology, we should notonly make and amend the relevant laws in time, but also always adhere to the basic spirit ofthe intellectual property rights. That is to say, we should count the principle of intellectualproperty interests balance as the most important thing, rationally allocate rights andobligations among intellectual property right holders, Internet service providers andcommunity in order to maximize the leverage of the intellectual property system to socialprogress.
Keywords/Search Tags:The Online Trading Platform Providers, The Liability of the IPR Violations, The Doctrine of Liability Fixation, The Constitutive Requirements
PDF Full Text Request
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