Research On The Judging And Legal Responsibility Of Trademark Infringement Online Transaction

With the rapid development of network technology，the human society has gone into anew era of Internet, the virtual space has brought new opportunities for enterprise’sdevelopment,and promote the enterprise and its brand to the world. It also has changed theway consumers shopping, online transactions make commodity more rich, shopping moreconvenient. At the same time, we also have to pay attention to the potential risks, a variety ofnew infringement issues follow with the development of online transactions, especially thetrademark infringement cases have become more. Because the old trademark law do notconform to the varied trademark infringement cases in online transactions, so the traditionaltrademark law has been difficult to protect the network trademark. In order to cope with thechange, this paper specially choses trademark infringement online transactions as the researchobject, through the research of judging and legal responsibilities and other aspects, putforward views on related issues and suggestions, hoping to enrich our country networktrademark theory, and provide reference for the related judicial practice.This paper is divided into three parts. The first chapter is the legal definition oftrademark infringement online transaction, which mainly introduces the concept、types andcharacteristics of online transactions, the object and content of trademark rights, thedefinition and forms of trademark infringement, trademark infringement of online transactionand its characteristics. It’s the theoretical basis for the following analysis. The second chapteris judging of trademark infringement online transaction, It analyses the theory of constitutiverequirements at home and abroad, then discuss five typical kinds of trademarkinfringement online transaction combined with cases, which Include saling trademarkinfringement, domain name trademark infringement, link trademark infringement, searchengine trademark infringement, trademark infringement of Internet trading platform. Thethird chapter is the legal responsibility of trademark infringement online transaction. Fromanalysing relevant legislation and theories, and contrast foreign experience, this chapter focuson the imputation principle and responsibility distribution, then analyses the civil liability,administrative responsibility and criminal responsibility. At the same time, it discusses"notice and delete" rules and the rational use system.