The Independent Responsibility Of Indirect Trademark Infringement Of The Internet Trading Platform

With the popularity of the internet, the internet trading platformprovides a new commodities trading patterns, which has broughtconvenience to people’s lives. Online shopping is popular around the world.The population number involved in the online shopping and the volume oftransactions of online shopping are all climbing. However, under thepopular online shopping, we also see an increasing number of trademarkinfringement cases involving internet trading platform. In these cases,even if internet trading platform are not implemented direct infringement,but may be because of the lack of reasonable care, provides a convenientto direct infringement violations, resulting in the expansion ofinfringement of result. In such cases, the online trading platform needsto assume corresponding responsibilities.There is a lot of controversy about how to identify trademarkinfringement liability of internet trading platform and whatresponsibility it has to bear. Correctly identifying the form of liabilityon indirect trademark infringement of Internet trading platform, is notonly protecting the legitimate rights and interests of the trademark owner，the internet trading platform providers and network users, butalso creating a healthy and orderly network trading environment. Thisarticle intends to start indirectly from the internet trading platformtrademark infringement accountability，then explore the shortcomings anddefects of the existing joint and several liability, as well as thefeasibility and necessity to take independent responsibility, thus cometo this point of view: Under the indirect trademark infringement, theinternet trading platform has to bear liability within the scope of thefault, independent of the network users own responsibility, rather thanjoint and several liability.The first chapter briefly introduces the basic theory of trademarkindirect infringement of the internet trading platform. Through thetheory of fault liability, the balance of interests and social costs ofcontrol,this part explore internet trading platform trademark indirectinfringement accountability issues,and make a brief introduction of thecommon law trademarks of Internet trading platform Indirect Infringement,then arrive at a standard of Internet trading platform indirectlytrademark infringement.The second chapter discusses defects and shortcomings of the existingjoint and several liability of internet trading platform’s indirecttrademark infringement, in view of a misunderstanding of the system theoryand practical difficulties. The theoretical basis of existing theory ofcontributory infringement may not be used as internet trading platformjointly and severally liable with network users. The internet tradingplatform has joint responsibility to the network users in the practicaloperation which is facing a lot of difficulties.The third chapter focuses on the selection of internet tradingplatform trademark indirect infringement. As already discussed, there isa theoretical misunderstanding and practical difficulties that the online trading platform has joint responsibility to the network users in thepractical operation, China need to find a more suitable form of liabilityto regulate by the above argument. Because of the feasibility andnecessity, Independent responsibility can be the form of indirecttrademark infringement of internet trading platform. Under the premiseof respecting the existing legislation, the proposed judicial practicecan take alternative methods. By limiting the amount of compensation ofthe online trading platform, the internet trading platform assume aindependent responsibility in the name of joint and several liability.