Legal Research On Infringement Of Trademark By Electronic Commerce Platform

AS a new trading patterns,It has a rapid development in recent years on a global scale。On the one hand,The e-commerce platform has played a crucial role in the development of e-commerce, as an e-commerce website; On the other hand,the e-commerce platform also contributed objectively fake,imitation and other circulation momentum in the e-commerce market,these acts are serious violations of human rights related trademark。In order to ensure the healthy and orderly development of e-commerce, e-commerce platform itself must diligently fulfill their duty of care obligations within the scope of the law to grasp the alleged trademark infringement cases that may exist within their own websites, and in accordance with the relevant laws regulations to respond positively。In related trademark disputes arise, the judiciary must accurately examine their own e-commerce platform, the degree of fault, in accordance with the law, reasonable judgment bear the relevant responsibilities;at the same time, improve relevant laws and regulations should actively by means of legislation, such as amending the law to adapt to e-commerce trends. Only this, in order to continuously reduce the practice of trademark violations occur, to avoid damage to the interests of trademark owners and promote the healthy development of e-commerce industry.This paper mainly uses logical analysis, comparative analysis and case studies, the thesis introduction, through e-commerce platform for the introduction of a typical case of trademark infringement, highlighting the need to explore e-commerce platform trademark infringement stage and the main problems to be solved. Research part of the body from the following four parts e-commerce platform to carry out trademark infringement issues.The first part: This part is to introduce and explain the general problem of e-commerce platform for service providers. By contrast with the emphasis on the traditional offline channels platform to address the legal aspects of e-commerce platform for the identification of the legal nature of the service provider, and further pointed out the unique characteristics of e-commerce platform.The second part: This section is intended to introduce a general description of the theory of trademark infringement, systematically expounded trademark practice for e-commerce platform high incidence of indirect infringement related principles.The third part: The thesis as part of the focus, combined with partial practice cases, e-commerce platform elaborated common form of trademark infringement, characteristics, and identified and related tort liability were exploratory discussions, put forward their point of view.The forth part: This section is intended to combine the results of the foregoing discussion and related laws and regulations, to explore e-commerce platform for trademark infringement related to measures to improve the legal system and the direction of e-commerce in the legislative drafting stage and regulations do useful discussions explored.Summary of the above study, this paper focus on the legal nature of e-commerce platform by the typical cases for the identification, determination tort duty of care commitments, relevant laws and regulations to improve the performance and direction of other issues related to liability-depth analysis and inquiry, and for the long-term e-commerce platform ad neglected to analyze the nature of trademark infringement and description. Health objective practice shows that e-commerce can not be separated effectively regulate the orderly development of the rule of law, and the rules for an important participant’s e-commerce platform for policy guidance note obliged to assume the obligations of the relevant legal requirements and avoid the loss of the trademark owner, maintenance e-commerce industry healthy, healthy development.