Subjective Fault Research Network Trading Platform Provider Indirect Trademark Infringement

In recent years, the development of smart phones and computers to speed up the new generation of young people to accept new things speed, creating a network headed by Alibaba trading platform provider resurgence. In online buying and selling,there may be the presence of infringing goods, especially goods for trademark infringement, the interests of all parties to have caused damage, but because the law targeting online trading platform provider is different from the direct tortfeasor, and therefore tort responsibility in dealing with controversial manner. And whether the resulting network trading platform provides indirect constitutes trademark infringement issues, I think that is the core factor is the difference between subjective fault identified. The current judicial practice, there are still inconsistencies subjective fault responsibility principle "notice and remove a rule" applicable legal confusion,the review mechanism and the lack of credit guarantee system, different business models to increase the difficulty of subjective fault identified other issues. The duty of care is the key to trademark infringement online trading platform provider subjective fault of judgment, which requires a comprehensive analysis of the duty of care,through accurate identification subjective fault responsibility principle should be followed, apply reasonable "notice remove a rule" and " red standard, " the establishment of professional bodies to review and improve the credit guarantee system, etc., to determine the duty of care depending on the business model, which allows trademark owners, internet trading platform providers, and the general interests of consumers between the multi-seller We have been reasonably maintained.