The Research Of Trademark Infringement Legal Issues In Electronic Commerce

The rapid development of e-commerce platform brings a series of new legal issues,trademark infringement problems in the e-commerce platform happen from time to time.However, because of low access and non-strictly censorship of e-commerce platform,trademark infringement sometimes happens. Various modes of trademark infringementsin the electronic commerce are illegal common links, source code insertion, fake andinferior and so on.Trademark is an enterprise’s intangible assets, once the trademark infringed, loss to theenterprise may not only economic benefits, there is likely to be damaging to thereputation. In e-commerce platform, trademark infringement event forensics is moredifficult.For trademark infringement cases of electronic commerce, in the law in our countryhas not very clear special content to the basis, only is the basic law and some rules tojudge. For e-commerce platform, the most common ways of imputation is the notice-delete, but the court in case judgement will according to the actual situation to considerand measure. In some cases, deleted according to the notice of deficiency indetermining third-party platform audit responsibility does not reach the designatedposition. The platform self-management is a push in the future, the judgement is also areference for related cases in China.Through the background of the electronic commerce trademark infringementproblem, this paper put forward the electronic commerce trademark dispute, from theconcept and features of the electronic commerce trademark infringement, focuses on thecurrent for electronic commerce trademark infringement imputation principle,constitutive requirements and legal liability, emphatically discussed the electroniccommerce the responsibilities as a third party platform. For foreign related legalsituation are introduced, trademark protection in electronic commerce in our country areanalyzed and the basic situation of trademark infringement determination, through theanalysis of the content, to comprehensively reviewed the present electronic commercetrademark infringement legal problems and difficulties, especially it is important to theperfection of the law in China is the future of e-commerce in the root of trademarkinfringement problems properly.From the current development of China’s e-commerce activities of the trademark,with clear regulation laws and regulations electronic commerce trademark infringement is imperative. Through the writing of this paper, the author expected to trademarkinfringement in e-commerce system has more profound understanding, provide areference for the legislation and judicial practice, to build a harmonious network tradingenvironment, thus to balance the network trading platform provider, the holder of thetrademark, the benefit relationship between the sellers and the public have a betterunderstanding, and it can be clear in the concrete practice of the parties interested partyshall bear the legal responsibility, promote and perfect the process of our rule of law,further to be in line with international standards.