Research Of Indirect Infringement Of Trademarks

In recent years, indirect trademark infringement cases of judicial practice of increasing year by year, and a wide range of areas more complex case. However, our legislation did not make the relevant provisions of indirect infringement of trademark, it existed only in scattered among the legal provisions, which makes our judiciary to hear cases can not be found where applicable on the basis of, difficult. Therefore, this article through the "Nian Yi v. Taobao case" indirect infringement of the trademark in recent years, a typical case of view, the use current theory about the theory of indirect trademark infringement to re-structure this case and concluded that it constituted indirect trademark infringement to this is similar to the judiciary to hear cases provide a theoretical basis and guidance. Then on the status of the judiciary and the legislative status of indirect infringement on trademarks identified for analysis, obtained in our deficiencies Trademark Infringement indirect aspects of existence. Finally, through the foreign indirect Infringement on trademark legislation and jurisprudence elaborated to summarize the experience and advanced on significance in China, this paper proposes to improve theoretical and legislative proposals of indirect trademark infringement identified.In this paper, "Case Analysis" and "comparative analysis" to explain the theory and practice of Trademark Infringement indirect aspects. This article sum up a total of four of the following parts: The first part of the "v. Taobao clothing concept, Du incidence" in brief, to find out the case where the focus of controversy, leads to indirect trademark infringement found in our judicial practice apply. The second part of the trademark of indirect infringement theory elaborated,analyzing and identifying the theoretical basis Trademark Infringement and clearly define the trademark of indirect infringement and direct infringement, contributory infringement, then combine "clothing read v. Taobao case" actual cases using trademark indirect infringement theory Taobao case constitute trademark infringement indirectly identified. The third part mainly with indirect trademark infringement cases in recent years occurred in China and the judicial handling of the current situation and to explain the judicial status of the legislation on the identification of the Trademark Infringement, and then briefly about foreign legislation and jurisprudence indirect trademark infringement to analysis of the Revelation to Chinese legislation and judicature. The fourth part proposes the theory and legislative proposals to improve our indirect Infringement of trademark legislation and judicial practice.