Research On The Valid Notification Of Notice-and-Takedown Procedure In Trademark Infringement

If the online trading platform provider(the “provider”)continues to supply its service to whom it knows or has reason to know is engaging in trademark infringement,then the provider should bear the responsibility of trademark contributory infringement.Since there are too much product information,it is difficult for the provider to find the trademark infringement.In practice,the valid notification send from the right holder is an important way for the courts to determine whether the provider knows or has reason to know the trademark infringement acted by someone.Even though the valid notification palys a vital role in the juridical practice,the provision of the valid notification in Tort Law and Regulations on the Protection of the Right of Communication through Information is imperfect.So,it is essential to find out what constitute a valid notification.This paper will be divided into four parts to discuss the valid notification.The first chapter will analyze the trademark contributory liability of the provider.After analyzing the cases of eBay and the cases of Taobao,the author comes to the conclusion that the valid notification is an important means for judges to determine whether the provider know or has reason to know the trademark infringement.The second chapter is a theoretical analysis of the valid notification,which define the constitutive requirements of the valid notification.The third chapter will discuss the requirements and the problems of the valid notification in law,judicial decisions and the rules of the provider.In the fourth chapter,the author is going to define the valid notification and rebuild the notice-and-takedown procedure.