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The Attention Obligation Of Internet Presence Provide

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2296330467465442Subject:Intellectual property rights
Abstract/Summary:PDF Full Text Request
The scale of Chinese electronic commerce market has been on the increase in recentyears. To most consumers, e-shopping serves as a main force of consuming, the market ofwhich gradually becomes a target to be fought for among each consuming entity. There existsconsiderable argues among the legal practice in judging if providers tort the rights, due to thelack of authentic affirm on issues on legal status, duty of care and the standard of misconductaffirming as well as effective, regular laws and rules. This essay extracts one of the mosttypical cases, ELAND company sues Taobao company for the infringement of the exclusiveright of using the trademark, regarding as one of all the10legal protection on ChineseIntellectual Property Right in2011as our aim of studying. The aim of the passage is to studythe legal status of e-trade platform providers, including obligations, principle of imputationand the standard of misconduct affirming.The essay divides into four parts. First, the author briefs about the case. Second, theauthor concludes two main controversial focuses, legal status and range of obligation ofproviders on e-trade platforms and principal of imputation and the standard of misconductaffirming. Third, the author deeply analyses and gives further discussion, among which thoseitems above will be specifically explained. As for assuring the legal status of providers, weshould combine the specific notion and the natural features of e-commerce, then, we makecertain to set a neutral position in e-trades. Based on that, we would conclude the obligationsbefore the event and afterwards objectively and properly. As for indirect tort, misconductaffirming is accepted in accordance with the issue of the responsibility in compensation andloss. The author concludes in the very last part, in accordance with the core points of theessay, therefore, he points out that the aim to study the responsibility of providers’ tort is tomake more reasonable laws and rules. It promotes a better development of e-commerce by thelaws, leading to fulfill a better function in administrating of e-platform and help to preventactions of parties intruding the rights.
Keywords/Search Tags:Internet Presence Provider, Range Of Obligations, Fault, TortuousLiability
PDF Full Text Request
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