Research On The Indirectly Infringement Of Trademarks In Online Trading Platform Providers

With the development of the network trading market in recent years,the network trade trademark indirect infringement cases gradually increased,the particularity of the network technology makes the trademark of indirect infringement is complicated.But,for indirect infringement trademark legislation in our country has not given by,at present only by law for recognition of fragmented,makes the judicial organ in such cases,can't find the right legal basis,causing confusion in the judicial practice.Trademark is indirect infringement behavior person not direct infringement of trademark,but deliberately tempted or help,to promote direct infringement occurs.Constitutive requirements according to the definition of presumption,trademark indirect infringement has four aspects: objective implemented help behavior,the occurrence of damage facts,actor has subjective fault,indirect infringement behavior and injury consequence between cause and effect.Overseas for infringement of trademark infringement types are divided into indirect help and replacement of two types of infringement,into two types in the main subjective fault exists on different behavior.Theory and research related domestic scholars found that the fault liability is more suitable for standard of indirect infringement of trademarks.On special person trademark indirect infringement analysis,to demonstrate Internet trading platform providers is a special legal status,and unity need to perform the duty of care,and need to meet the requirements of the composition of indirect infringement trademark,can constitute indirect infringement.In comparing our country and the legislative and judicial status quo in the United States,still exist in our country to the problem of trademark legal limits of indirect infringement,perpetrators subjective difficulty,use thedisclaimer is not reasonable.Therefore shall reasonably draw lessons from and absorbing,in China are put forward from the definition of the indirect infringement trademark platform providers need to perform the obligations,the conditions of the disclaimer and whether to apply,etc.,improve the relevant legal regulating of the indirect infringement trademark.