A Study Of Trademarkinfringement Liability In Online Transactions

With the development of network technology, the world has entered the Internet era, enjoying the network brings convenient with the advantages of high speed at the same time, exists in all kinds of social problems have also been in the real world into a network in the world. And present a novelty, and evolved a more diverse forms.The characteristics of the Internet, with its efficient and convenient, quickly become the center of business activity. Makes the form of consumption presents an unprecedented. This brought new virtual space for the development of the enterprise, further promote the enterprise and its brand to the world, also contributed to the change in the way consumers shopping at the same time, network transactions make commodity more rich, more convenient shopping. But at the same time, the network transaction is a double-edged sword, various new types of infringement problems ceaselessly with the development of the network transactions, including trademark infringement cases has become the focus of attention. And trademark infringement disputes because of online transactions is a new thing for the Internet media, beyond the scope of the original trademark law can regulate, make traditional exist many problems in the application of the trademark law in practice. In response to this change, this article specifically choose trademark infringement in online transactions as the research object, through to the network trade in trademark infringement and legal responsibility research and the analysis of the common type of infringement, some opinions and Suggestions of related problems, hoping to enrich our country network brand theory, and provide reference for related judicial practice. In this paper, the main content is divided into three parts. The first chapter is summary of trademark infringement online transactions, this paper mainly introduces the concept and characteristics of network infringement of trademark rights deals, and the choice of constitutive requirements for network trademark infringement problems. First of all, is to is to network the definition of trademark infringement, different from traditional trademark infringement, due to the joined the network factors, make the definition of network trademark infringement by contrast more complex, more diverse types of infringement, the concept of traditional trademark infringement may be difficult to include new types of trademark infringement. Therefore, we need to on the basis of traditional trademark infringement, by means of the related theory at home and abroad, more of the network trademark infringement and define. On this basis, the relevant legislation in our country is analyzed, at the same time, draw lessons from developed countries legislation practice in this field. At the same time, for in this chapter expatiates on the characteristics of trademark infringement, makes the traditional trademark infringement and infringement on Internet to distinguish. the more convenient. Really finally, on the whole, the selection of constitutive requirements for network trademark infringement. Because the constitutive requirements of infringement is absolute standard determine whether a particular behavior constitutes infringement, on the basis of the analysis of traditional trademark abuse constitutive requirements, choose suitable for the component elements of trademark infringement in online transactions, at the same time will be some special cases of the choice of constitutive requirements, make theory foreshadowing for later analysis. On this basis, based on the existing relevant theory, the network trademark infringement mainly is divided into two categories, direct infringement and indirect infringement, this article will present trademark infringement phenomenon generally fall into two broad categories, namely merchants, and third-party Internet platform providers, so that we can cover in general the existing form of infringement. The second and the third chapter expounds the respectively. The second chapter is merchant’s responsibility in online trading activities, network infringement of businesses in a transaction is the most basic forms of direct infringement in the network at the same time a large proportion in the trademark infringement. In this chapter, the main solution is compared with the traditional merchants in trademark infringement, businesses under the network environment tort rules of problems on trademark infringement. At the same time for several common types of infringement are analyzed. The last is about infringement related in this paper. As a third party in the third chapter is analysis of the network platform provider liability issues, as well as the analysis of the practicality of imputation principle in the law. This part is the focus of the full text is discussed, because as the main form of indirect copyright infringement, infringement of third party platform provider is the biggest difficulty in trademark infringement under the network environment, not only in the responsibility of tort imputation in different from the traditional tort, its itself has its own characteristics, exist in the form of a relevant academic theory localization to the property of the. platform provider itself cannot agree, at the same time in the judicial trial, more traditional tort theory, rather than the third person’s tort liability imputation and responsibility. So in this chapter, first of all for network platform provider is defined based on different theories, choose suitable for China’s current environment for positioning platform provider, and then analyzes its infringement form, finally the imputation principle is analyzed, considering the present situation of legislation in our country, for the "red flag" principle and the application of the principle of "safe haven" in our country the rationality analysis. Finally, for the sake of economic development and the normal operation of the trading network environment, selective applicable for platform provider infringement exemption clause.