The Study On Indirect Trademark Infringement Liability Of The E-Commerce Trading Platform

With the rapid development of Internet, the emergence of e-commerce trading platform has changed the traditional way of consumption, but it also brings a series of problems. E-commerce trading platform as a virtual market, it provides a platform of information communication for sellers and consumers, and it also has some characteristics different from traditional trading market and the operation mode, The dependentment degree of users’ behavior of the trading platform for trading platform in the process of trading is higher. So, trademark infringement occurs when the trading process, a behavior definition of e-commerce trading platform and its responsibility is particularly important. On the basis of the traditional theory of trademark infringement, trading platform does not constitute a trademark infringement responsibility directly. As the tort liability law for the regulation of network server, in e-commerce transactions, trading platform does not directly implement the infringement trademark rights behavior, but it should bear the liability of indirect infringement. Indirect infringement is the concept of Anglo-American law system through case developed, The Anglo-American law system has a rich precedent and theory, the indirect infringement in the network trading platform trademark legislation is not perfect enough in China, according to the Chinese actual conditions, it needs further development.This article adopts the method of comparative analysis and empirical analysis, the starting chapter is mainly to express the e-commerce trading platform, elaborates the basic theory of indirect infringement of trademarks. First introducing the definition, characteristics of e-commerce trading platform and operation mode, through some operation mode of e-commerce transaction platform were analyzed, and determine its legal nature. In the e-commerce trade platform for indirect infringement of trademark, we first define the indirect infringement of intellectual property rights, and analyzes the traditional trademark indirect infringement, and points out the indirect infringement of e-commerce trade platform for specific performance.The second chapter mainly introduces the European countries and America for e-commerce transaction platform of indirect infringement legislation development. First introduces classic American court case and the case developed some rules on trademark indirect infringement, following by the list about e-commerce transaction platform in Europe trademark indirect infringement case, and the European Union to the development of this legislation, finally, comparing analysis of the United States and the European Union legislation.Then introduce our country trading platform in electronic commerce trademark indirect infringement liability in legislation and judicial practice. First of all, We analysis the legislation on trademark indirect infringement in China list, and then through the comparison and the summary between the two cases, we can find the reasons of different connection, and the controversial focus in-depth case analysis, finally finding out in e-commerce transaction platform in China trademark indirect infringement liability in legislation and judicial problems.The last is on the issue of legislation in China, providing the perfect advice, including perfect "notice-delete" system, the content of the "know" and strengthen the e-commerce trading platform provider’s obligations, just to balance the interests of the trademark holder and e-commerce trading platform provider better.