| ‘Sponsored link’ is an emerging pattern of network marketing. The companywho first introduced this system to China is Baidu. Then, Google also commenced thissystem, named “AdWords”. On the one hand, the operational mode bringsconsiderable income, but on the other hand, it may cause trademark infringement.However, due to the ambiguity of related legal provisions, there exists controversyconcerning the infringement affirmation of this operational mode both in juridicalpractice and academic circle. This paper thus seeks to determine the components ofthe trademark infringement of sponsored link and liability of concerned parties byanalyzing trademark infringe types, and responsibilities of search engine serviceprovider and advertiser.The first chapter of this thesis outlines sponsored link, including developmentand evolvement of sponsored link, analysis of its operation principle backed withavailable data and summary of its characteristics.The second chapter focuses upon relevant cases in China, US, and EU as well ascontroversies caused. This chapter highlights the introduction concerningcontroversies of these typical cases, sums up the four conditions of keyword use andthe controversial points regarding whether search engine provider should assumeliability.The third chapter examines the identification criteria of trademark infringementof sponsored link, i.e. trademark use and infringement. Analysis is made toward thefour different usage types of keyword sponsored link and detailed account ofwhether the usage of keyword infringes trademark right.The fourth chapter expounds and proves in detail the infringement liabilities ofadvertiser and search engine provider in sponsored link and holds the argument thatadvertiser constitutes direct infringement liability while search engine provideconstitutes indirect infringement liability.The fifth chapter makes, after combining legal system and practice of China,suggestions concerning legislation of trademark right protection in sponsored link. |
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