An Approach To The Trademark Infringement Liability Of Online Trading Platform Provider

The development of online shopping raises the problem of trademark infringement liability of the online trading platform providers.The development of the Internet is profoundly changing the way people live,meanwhile giving new connotation and extension to our society,which changed the object and method of legal adjustment.How to regulate the trademark infringement on the Internet becomes an emerging issue on a global scale.In 2009,China issued the tort liability law,the article 36 of which provides legal basis for many controversial Internet infringement cases.However,Internet is still a new thing.As the online trading platforms that mainly provides online shopping service develop rapidly,there are still a lot of fuzzy region in the understanding and practice of the tort liability of online trading platform providers.Whether or not the online trading platform provider should be responsible for the trademark infringement by its users remains controversial.This paper,starting from a typical cases,explains the perplexity when confirming the trademark infringement liability of online trading platform provider in judicial practice;defines the range of online trading platform provider and its legal status;determines the constitutive requirements,identification standards and exemptions of trademark infringement liability of Internet trading platform providers.Then,it compares and analyzes the legislative and judicial practice in major foreign countries and regions,and draws lessons from them.Finally,it analyzes the deficiency of the trademark infringement liability system for online trading platform providers in China,and based on the experience of other countries,gives suggestions on how to improve this system.