Study On The Application Of "Haven" Rules In The Recognition Of Trademark Tort Liability Of Network Trading Platform

The " haven" principle is first applied to copyright protection,mainly refers to the copyright owner in the discovery of its copyright by the network service provider unauthorized use of the user,the right to notify the network service provider to immediately delete the infringing content,network service provider in the receipt of copyright After the notice of the person,must immediately fulfill the obligation to delete the infringing content,otherwise it is deemed to violate the copyright owner's copyright,need to bear tort liability.However,if the allegedly infringing work is not uploaded to the website by the web service provider and has not been infringed by the copyright owner,the web service provider will not be liable for tort.In the field of copyright in China,the law stipulates the "safe haven" system,but whether the "safe haven" system is applicable to the trademark infringement problem in the process of online transaction,still lacks the practical operation and guidance.This paper analyzes the judicial practice of France,Germany,the United States and the European Union and other relevant judicial cases in China,analyzes the various drawbacks in the practice of " haven" and combs the "safe haven" rules in the field of trademark infringement Applicability and significance,and then put forward the "safe haven" rules in the network trading platform trademark infringement liability in the perfect proposal.The full text is divided into four parts.Part?:an overview of the network trading platform,including the business model and operational processes,and analysis of "safe haven" rules in the field of trademark infringement liability in the field of applicability and significance.Part ?: Thejudicial practice at home and abroad to study,analysis of the United States,France,Germany and the European Union and other countries in the field of trademark use "safe haven" different attitudes,introduced the Chinese courts in the judicial activities of the "safe haven" rules ThePart ?:The application form of the "safe haven" rule,which includes the requirement of the neutral subject when the trademark transaction is recognized in the trademark infringement liability,and the trademark owner has reasonable notice.The platform operator has made reasonable duty of care.Part ?:The perfect proposal to introduce the "safe haven" rule in the trademark infringement of our country's online trading platform,which is the author's reflection on the above three parts of the argument.