Research On The Duty Of Care In The Indirect Infringement Of Trademark Of Network Trading Platform Providers

Along with the rapid development of China's network trading platform,there have been some new legal problems in practice.In recent years,the number of online trademark infringement cases increased year by year,trademark owners and network trading platform providers contradictory intensified,and duty of care is a proper solution to the contradiction between the two key.The author takes the duty of care of the trademark infringement in the online trading platform provider as the research object,analyzes the problems in the judicial practice,and puts forward some of the author's own opinions on the basis of the existing research results.This paper is divided into four chapters for analysis:The first chapter is the introduction,mainly on the research background,in the field of online trademark infringement in China to build the meaning of the duty system and the research methods to elaborate.The second chapter is the analysis of the indirect infringement behavior of the provider of the online trading platform,mainly elaborating the legal status of the online trading platform provider in the indirect infringement of the trademark and the constituent elements of the trademark indirect tort.The author analyzes the main points of domestic and foreign,and points out that "the new transaction intermediary" conforms to the legal status of the provider of our network transaction platform.The author also analyzes the constituent elements of the indirect infringement behavior of the network trademark.The third chapter is the analysis of the status of duty of care in the indirect infringement of the trademark provider of the network trading platform.The concept,characteristics,and the duty and practice of the duty in the field of trademark infringement are expounded,and the judicial There are two problems in practice,namely,the irrational way of the burden of proof of the duty of care and the ambiguity of the duty of care.The fourth chapter is the judgment of the duty of care in the indirect infringement of the trademark provider of the network transaction platform,mainly to explain the way of the burden of proof in changing the duty of care in the judicial practice of our country and how to make sure the duty of the network transaction platform provider is elaborated.By analyzing and comparing the four principles of imputation,the author thinks that the principle of presumption of fault is more suitable for the actual situation in our country.Through the analysis of the theoretical standard of duty of care,the author thinks that China should learn from the "three-step test method" "Expert" standard to guide the recognition of the duty of care.Through the exploration of the scope of duty of care,I believe that China should use the case guidance system to clarify the judicial practice of duty of care to judge.