Study On Secondary Trademark Liability Of Network Transaction Service Providers

With the rising of online transaction, the trademark infringements are increasing promptly on internet. It damage the owners’ interests, also will interfere development of the whole Internet economy when a large quantity of trademark infringements on website. Nevertheless regulations for Network transaction service provider in secondary trademark infringement not good enough in China today. In practice, judges made diverse court decisions and the Network Transaction Service Provider even do not know their rights and obligations well. With the aid of this article research, the author anticipates to contribute the one’s pygmy effort for related research about the Secondary Trademark Liability of Network Transaction Service Providers.This paper consists of four parts as following:Part one lists some contents about Network Transaction Service Provider. We should make clarify the type of operation and legislative status of network transaction service providers which will influence the decision of the type of its obligations. And then through cases the theme of this paper is introduced. Hence we shall make clarify their rights and obligations.Part two analysis related types of the secondary liability of trademark infringement of internet transaction service provider. On the base of overview about basic theory of indirect trademark infringement, we further analysis related types of the liability of indirect trademark infringement of network transaction service provider, which includes aiding torts, inducing torts and substitution liability so on.Part three introduces related regulations for the Secondary Trademark Liability of Network Transaction Service Providers and some classic cases in the US and EU. We get some enlightenment for our research from their court decisions.Part four is mainly focused on legislation and current situation about the secondary liability of trademark infringement of Internet transaction service provider. Meanwhile, in response to the problems and deficiencies, the paper puts forward several recommendations, including set the Secondary Trademark Liability of Network Transaction Service Providers explicitly, and reasonably define the network transaction service provider’s duty of care, and set stop service who repeated infringement severely, as a statutory duty of network transaction service provider.