The Component Of The Indirect Infringement Of Trademark

As the most difficult part in trademark research, the study of indirect infringement of trademark is only in the range of theoretical scope, although we have set up the system of the direct infringement of trademark since the beginning of the new country. The component of the indirect infringement of trademark is based on the traditional civil law’s relevant theory, however, the characteristic of this theory is not very prominent enough. And also, the component of the indirect infringement of trademark is absolutely explicit in the most of the advanced country, for the sake of enhancing the protection of intellectual property. The establishment of the component system is extremely meaningful. It can widen the protection domain of the trademark right, differentiate the indirect infringement of trademark and the direct infringement of trademark clearly, prevent the high level protection of the right, and meanwhile, balancing the interests of the individual rights.In the first chapter, based on the traditional theory of traditional civil law, the article defines the definition and characteristic of the indirect infringement. Then, try to define the indirect infringement of trademark. The article is not only compared the characteristics of indirect infringement in trademark and in traditional civil law theory, but also the characteristics between the copyright, patent and trademark. And clearing that the premise of the indirect infringement of trademark is direct infringement of trademark and discussing the distinguishing criteria of the indirect infringement of trademark is “likelihood of confusion”.In the second chapter, the main content of this part is the comparison and study the provision and judicial precedent in foreign states and district, including US states of America, European Union, the United Kingdom and Japan. Different districts and countries have different provides and theories on indirect infringement of trademark. It is worth to using for reference.In the third chapter, according to the regulation of the indirect infringement in trademark law, the article try to observe the four shortcomings and weakness points in it. Also, studying the difficulties in juridical practice in our country. Especially the juridical practice problem of some-sentence on contributory infringement and inducement infringement,as the two main behaviors of indirect infringement in trademark. The main reason is the misunderstanding of the component of indirect infringement of trademark.In the fourth and the last chapter, the article is focusing on the improvement and perfection of the component of indirect infringement of trademark,and on enhance the logic between provisions. The first and the most important part is differentiate the indirect infringement of trademark and the direct infringement of trademark correctly and rationally. Then, the article focuses on the prerequisite, subjective element and the behavior element, and keep a deep study of them separately. Looking forward so hard to make some contribution to the relevant system.