| In recent years,the scale of e-commerce transactions in China has been growing rapidly,becoming an important driving force and engine for economic growth.The easy and fast network shopping has gradually replaced the traditional shopping approach,which is being promoted by more and more people.However,this booming network of shopping and emerging business models also raises legal questions.The virtual nature of the web offers convenience to sellers,who use well-known trademarks of others to promote and exploit other people’s registered trademarks.Because of the anonymity of online transactions make trademark holder on the website of each the seller to prosecute the rights of great time cost,money,etc,lead to rights more difficult.Therefore,trademark holder to safeguard their legitimate rights and interests,to economic strength is relatively abundant,and relatively easy to determine the network trading platform provider for seeking relief.The network trading platform provider,as a network service intermediary,is not directly involved in the transaction of goods and services,but is not the subject of direct infringement.However,its special legal status requires it to take a certain amount of attention,and whether to perform its duty of care affects the responsibility.The provider of network transaction platform fails to fulfill the obligations of the platform,which leads to damage to the trademark holder.It should be deemed to constitute infringement,and the infringement belongs to indirect infringement.This paper analyzes the constitutive requirements of the indirect infringement and the reasons for its exemption.By enumerating several typical cases,this paper summarizes the present situation of legislation and its existing problems in China.In view of the network trading platform provider suggested that establishing the system of indirect infringement of trademark infringement behavior,improve the exception condition,establishing the system of punitive damages and other measures,to purify the Internet trading platform,to create bigger and better for the further development of intellectual property rights. |
