E-Commerce Platform Of Trademark Infringement Analysis

With the rise of e-commerce,the way people consume tremendous changes,turning shop from the store,so-called "homes,online shopping world",giving consumers great convenience and a new shopping experience.But people in the pursuit of easy,low-cost shopping at the same time,the risk increases.Trademark infringement cases at this stage surge in e-commerce,the main performance:the large number of infringement cases,tort hidden,species diversity,affecting a wide range,will be responsible for difficult,difficult market regulation,consumer rights difficult.UN central role in e-commerce platform e-commerce activities,which identified problems in e-commerce trademark infringement in the field of academics and practitioners is wide concern.This paper on the basis of classification of e-commerce platform,to clarify the different types of e-commerce platform in the identification of trademark infringement.This article first type of e-commerce platform for analysis.At present,China's e-commerce platform replacement fast,a wide range,depending on the standard can be used for different types of classification:according to the business model,profit model,business model,legal relations.They tend to be divided according to e-commerce platform operating modes:single,hybrid,self-type,so that both transactions subject clear positioning,but also a more scientific analysis of the legal status of e-commerce platform.Secondly,the legal status of e-commerce platform to explore.Although the legal status of e-commerce platform is different from the self-seller,but you can bear the trademark infringement liability referring to the legal status of the seller,because the providers and users of the platform is the same subject.The legal status of hybrid e-commerce platform can refer to the "mediator" theory,this type of e-commerce platform in addition to the outer part of the self-responsibility should bear a reasonable review of the additional duty.A single e-commerce platform is divided into information service platform and trading platform,the legal status of the two is a special leasing platform.Finally,the e-commerce platform Trademark Infringement.From tort factor,subjective perception analysis,e-commerce platform and duty exemptions and other aspects are discussed.E-commerce platform for direct infringement and indirect infringement,which should take indirect infringement direct infringement as a precondition.For different e-commerce platform for the infringement liability are not the same.Proprietary e-commerce platform should bear the main responsibility to direct infringement;e-commerce platform in the hybrid bear the direct infringement,we must also assume responsibility for indirect infringement fault section.A single e-commerce platform is borne mainly indirect infringement liability.