The Liability Of Trademark Infringement In Online Marketplace

With the development of internet, on-line trade has become a part of people’s daily life. But with the development of on-line trade, there are also more and more trademark infringements in on-line trade. Although our country has introduced some regulations concern this problem, there are also some judicial precedent in legal practice, there has no uniform identification standard.Chapter1of this paper will first divide online marketplace into three types, that is unitary type online marketplace、mixed type online marketplace and intermediate type online marketplace, according to the content of their services. And then according to the characteristics of every type, combined with the main ideas about the legal status of online marketplace in our country to decide the legal status of the three types online marketplace.Chapter2discusses the component elements of trademark infringements of online marketplace. First, according to the different service contents of different online marketplace to decide the nature of trademark infringements for different type online marketplace, then this paper discusses the different component element of direct infringement and indirect infringement. Second, this chapter according to the established law and the actual condition to decide the obligation scope of different online marketplace. Second, this chapter analyzes the identification standard of trademark infringement of different type of online marketplace. Last, this chapter analyzes the exemption of different online marketplace on the basis of infringement.Chapter3introduces legislation and judicial precedent of other countries, and analyzes the identification standard of trademark infringement of online marketplace. Then uses the experience of this countries for reference, combing with the former analysis of this paper, this paper makes a suggestion for the improvement of trademark infringement liability identification system of online marketplace in China from three aspects of legislation, normal identification standard of trademark infringement and trademark infringement liability identification path of online marketplace under typology.