Research On Trademark Infringement Problem Of Online Trading Platform Of Taiwanese Businessmen

With the popularity of the Internet e-commerce trade is increasingly developed, the proportion of trademark infringement in the infringement of intellectual property rights is more and more big. At present, all kinds of Internet trading platform development mature, new form of business is constantly emerging, trademark infringement occurs in the trading platform, flat Taiwanese should bear legal responsibility is difficult to define. Although the article 36 of the tort liability law the provisions of the network service providers tort liability, but not the application of the relevant judicial interpretations to which make specific clear rules.Online trading, flat Taiwanese only provide network technology services, does not act as the role of the buyer and the seller, its legal status can be referred to as intermediary service providers. Due to the Taiwanese have the ability to control of commodity information, when the trademark holder request for Taiwanese businessmen to take necessary measures, Online trading platform of Taiwanese businessmen is obligated to stop the infringement. When Taiwanese ignore the complaints of the trademark holder,Taiwanese will be at fault to bear legal responsibility. Taiwanese is not the body of the direct infringement of trademark rights,Taiwanese behavior is not directly the result of the damage reason, should bear the corresponding legal responsibility, Indirect infringement liability not common tort liability. Under the new business model, Taiwanese businessmen not onlyacts as an intermediary role, but actively involved in the sales promotion, make profits from sales. So Taiwanese businessmen must fulfil greater legal obligation to conform to the requirements of the equal rights and obligations of legal theory.Trademark infringement cases appear frequently in network shopping, the trademark law field in our country lacks the corresponding legislation, The author thinks it is necessary to that Introduce the theory of indirect infringement in trademark law system, Establish specific standards, Specify a Taiwanese Legal obligation, Only in this way can guarantee the smooth development of online transactions, rapid improvement of economy.