Comparative Study Between Mainland China And Taiwan Area Of The Trademark Indirect Infringement

Mainland China and Taiwan region signed ‘the cross-strait intellectual property protection agreement’ has been sixth years. In the recent years, due to the rapid development of new media platforms such as the Internet and mobile APP, the issue of indirect infringement of trademark has attracted the attention of both sides.Considering that most of the disputes in the cross-strait issue of intellectual property rights is the trademark, and Internet platforms such as trademark infringement problems emerge in endlessly. There is a blank of the legislation on trademark indirect infringement both in Mainland China and Taiwan region. I think that it is necessary to explore the feasibility of establishing the system of indirect infringement of trademark by comparing and studying the issues related to the indirect infringement of trademarks on both sides of the Strait.In this paper, a total of three chapters, using historical analysis, comparative analysis, normative analysis, case analysis, deductive reasoning and other methods are described. The first chapter mainly introduces the concept of indirect infringement of the trademark, the concept of the use of the trademark, the difference between direct and indirect infringement, and the type of the indirect infringement of the trademark.The second chapter angles from the comparative analysis on both sides of the indirect infringement of trademark related issues, introduced on both sides of the issue of trademark infringement of historical evolution and the present situation, the two sides trademark protection of similarities and differences between cross-strait trademark infringement dispute resolution mechanism. The third chapter puts forward the concrete idea of constructing the system of indirect infringement of trademark in Mainland China through the comparative analysis. Including the introduction of the "Safe Harbor Rules", the distinction between the "indirect infringement" and "joint infringement", the establishment of the right to relief system and damage compensation system, etc.