The Research Of Indirect Infringement Of Trademark By The Nline Trading Platform Provider

With the rapid development of electronic commerce in China, internet trading platformplays an increasing important role in commercial transactions.Due to the convenient andvirtual network transactions, there is an increasing serious problem of infringement oftrademark right.Indirect infringement of trademark refers to the trademark infringement,behavior was not directly involved in the infringement, but provides convenient conditions orhelp to direct infringement, which resulting in the expansion of trademark infringementconsequences.in our country we lack of laws to prevent the direct provision of indirecttrademark infringement, indirect infringement problems caused by Internet trading platformproviders, especially the trademark is too hard to deal with.Due to the platform provider doesnot directly involved in the transaction, only provides the online trading space for both thebuyer and the seller, its status is similar to the venue provider.Indirect infringement oftrademark has a form of infringement, contributory infringement and vicarious infringement,because the alternative vicarious infringement liability, platform providers can onlyinducement infringement and infringement on trademark infringement.Legal disputes arisingfrom intellectual property rights, the imputation principle has been controversial, with theprinciple of fault and no-fault principle two statements.Considering from the perspective ofcharacteristics and interest balance, we think Indirect infringement of trademark apply theprinciple of fault responsibility. Its responsibility concludes damage and behavior and thecausal relationship between the results of composition, and we focuse on the identification ofplatform providers subjective fault. the platform provider fault should be based on whetherthere is the ability to control from the starting point, remedial actions consideringreasonable prior review and monitor behavior, attention behavior afterwards, and then drawthe comclusion whether there is fault of the platform provider.This article combines the case and theory, conducts the research to the introduction of Internet trading platform providers of trademark infringement.First we introduce the case,combined with the reality of commodity trading platform providers, then discuss the subjectposition, and introduces the basic theory of indirect trademark infringement, briefly analysisseveral forms of trademark infringement, through the study of tort liability type, summed upthe suitable for indirect trademark infringement imputation principle and elements, finallycomprehensive analysis to identify the fault platform providers from censorship andmonitoring obligations and remedial obligations, and made specific note by combining withthe case.