Study On Secondary Libility For Trademark Infringement Of Third-party E-commerce Platform

With the development of computer network, e-commerce has penetrated into every aspect of people’s lives. Third party e-commerce platform has become the main places for people in trading activities. The cases of infringement of intellectual property in the third party e-commerce platform are very popular, especially trademark infringement cases. The network environment, looking for direct infringement person held liable become difficult and inefficient. Asked for platform to pay compensation is easy and efficient.This paper based on the concept of “secondary liability". Secondary liability includes "indirect infringement" and "vicarious liability". "Indirect infringement" includes " Inducement of infringement" and “Contributory infringement”. They need the presence of Subjective fault. "Vicarious liability" does not require the subjective fault, as long as there is a certain relationship between the responsibility people and infringer. These rules apply to the cases of third-party e-commerce platform of trademark infringement in our country is very good.This paper argues for the distribution of "Secondary Liability" according to different legal status of third-party e-commerce platforms. According to the standard of different business models, the platform is divided into third party e-commerce information platform, the third party e-commerce trading platform and the third party e-commerce intermediary platform. Third-party e-commerce information platform suits the rule of "indirect infringement". We should consider the “fault” of information platform providers. To determine the “fault” of information platform are the "notice-delete" rule and the "actual knowledge" standard. Third party e-commerce transaction platform suits the rule of "indirect infringement". In determining the transaction platform provider’s “fault”, we should adapt the "notice-delete" rules, the "should know" standard and "incomplete supervision duty" standard. "Should know" standard is stricter than the "actual knowledge" standard. In the actual operation is mainly reflected in the monitoring of the user on the platform. Trading platform providers need to adapt measures to the platform users’ behavior. This is a problem of repeated infringement. And "incomplete supervision" refers to the platform needs some practical and effective actives of supervising trademark infringement. Third party e-commerce intermediary platform suits the rule of "vicarious liability" standard. The only exemption is no economic interests from infringement activities. And we do not need to distinguish the economic interests is directly or indirectly. Because the third party e-commerce platform’s business models and the "two-sided markets", so made the distinction between "direct" and "indirect" is not significance.