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Study On The Determination Of Trademark Infringement In PPC Mode

Posted on:2016-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:J ShaoFull Text:PDF
GTID:2296330503954825Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development and the widespread use of the Internet has brought unprecedented challenges to the trademark rights.As a widely used network tool,search engine provides Internet users with convenience,but also caused a lot of controversy on the law. In recent years, the major profit model of search engines-PPC services has caused constant trademark infringement disputes.Traditional trademark infringement liability theory appears to be inadequate in solving such problems.Under PPC mode,keywords are used a lot,and the forms of trademark infringement behavior is complicated.Therefore, the provisions of the trademark infringement under this mode can not be found only limited in the law, and should be deeply considered the problems and reasons existing in the process of the process of infringement, infringement as the main parties to in the judicial practice to provide a unified standard of the judge.This paper consists of four chapters:The first chapter an overview of trademark infringement issues in PPC mode. This chapter is divided into two sections, respectively introduced the concept of PPC, its legal nature, as well as the basic theory of trademark infringement and trademark infringement in PPC mode forms for infringing acts make a foreshadowing of the problems existing in the process of recognition.The second chapter is the problem of trademark infringement in the PPC mode. This chapter from the two main infringement involving the PPC service starting, analyses the existing in trademark infringement for customer and search engine business problems. Bid for the client, the main problems in determining infringement is constituted on the behavior of trademark use behaviors, whether can lead to confusion and not knowing; on the search engine business, that infringement is the main problem of judging standard on the subjective fault of the differences.The third chapter is the PPC mode of trademark infringement and the improvement of the system, including legislation and perfection of judicial application.In this chapter,in the context of trademark infringement in the PPC model on the basis of the analysis of the existing problems and proposes solutions and improvement measures.
Keywords/Search Tags:PPC, Search Engine, Trademark Infringement, Trademark Usage, Indirect Infringement
PDF Full Text Request
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