The Identification Of Trademark Infringement Of Internet Service Provider

In March 5, 2015, Premier Li Keqiang first proposed the ‘Internet plus’ progra m in the three session of the twelve National People’s congress. The rapid developm ent of Internet technology not only changed the original way of information dissemi nation and trading, but also increased the way of trademark infringement. Undeniabl e, Trademark infringement has spread to the network space. The direct consequence is that the traditional trademark infringement theory is difficult to restrict the tradem ark infringement behavior under the network environment. Network trademark infri ngement shows a lot of different points. Such as the subtler, the subject of infringem ent of the anonymity, regional standards fade. The form of tort is becoming more an d more diversified. The main body of trademark infringement often involves direct i nfringement and Internet service providers, and it is very urgent to improve the stand ards of the Internet service providers to identify the trademark infringement behavio r. In this paper, the theoretical analysis, empirical analysis and other research metho ds are used to describe the problem.The first part is the legal basis of trademark infringement of Internet service providers. Trademark infringement includes direct and indirect infringement. The theory of trademark confusion and the theory of trademark dilution are introduced in the part of direct infringement. Indirect infringement, include the help of tort and the inducement of infringement. This part also analyzes the type of behavior of the network service provider trademark infringement. Network service providers are defined as the main business to provide information service providers, representative of the search engine service providers and network sales platform service providers two categories. These network service providers may constitute trademark infringement of the common types of behavior of the use of Meta tags competitive ranking and the use of the domain name three.The second part is the analysis of trademark infringement of Internet service provider. First, there is a direct infringement of the trademark. This is the premise of the Internet service providers to implement trademark infringement. In indirect infringement Internet service providers to help or induce behavior. And there is an error in their subjective.The third part is about the network service providers in the identification of trademark infringement problems. Firstly, this part analyzes the current situation of legislation in our country, and introduces the provisions of the trademark law and the civil law field, which can be applied to the identification of trademark infringement of Internet service providers, And put forward ‘notice to delete’ rules have limitations and ‘reasonable duty of care’ definition is not clear enough.The fourth part is to put forward the suggestions to improve the trademark infringement of Internet service providers. This part puts forward some suggestions for improvement: One is to correct division the direct infringement and indirect infringement of trademark. Then make reasonable provisions on the constitutive elements of the trademark indirect infringement. Include improve the ‘notice and delete rules, the establishment of ‘notice’ and ‘anti – Notification’ system, the ‘timely’ concept, Internet service providers to stop a different time to stop the infringement, Finally, to illustrate the scope of the ‘necessary measures’ to stop the infringement, Which measures can be seen as necessary measures depends on the technical and economic costs of the Internet service providers. The other one is the different types of Internet service providers to develop different reasonable attention obligations. Search engine service providers can not be modified on the technical characteristics of the third party web pages can be modified, So the ‘reasonable duty of care’ is mainly focused on the key words of the trademark search, The information data of the network trading platform is stored in its own server, so the scope of ‘reasonable duty of care’ is wider, covering the ex ante audit, supervision and exposit punishment.