Analysis Of The Indirect Infringement Of Trademarks In Chinese Shopping Websites

With the rise of online shopping, this new e-business models, it accompanied by the more legal problems to be solved. Shopping website's responsibility of a third-party trademark infringement issues identified, is one of them. The traditional theory of contributory infringement in solving such cases, there has been a lot of confusion, but also led to the judicial practice of confusion. "Trademark Law" of Third Amendment, although have established the system about "indirect infringement", but it is too simple and rough, not easy to apply in judicial practice. To balance the interests of trademark owners and shopping sites as a starting point, we learn from foreign advanced legislation, reasonable definition of shopping sites responsibility of third-party trademark infringement, to explore the improvement of the system of indirect infringement trademark, it is the purpose of this study.The legal status of shopping websites is identified premise of their rights, obligations and responsibilities. The shopping sites are classified according to B2B, B2C, C2C, 020, shopping sites on the analysis of tort liability does not make sense. According to the shopping sites are selling their products independently, or only provide platform services, also, or mixed operation, you can very well define their legal status. " Notice and take off " program is a disclaimer of shopping site, but the practice is tantamount to a very specific duty of care to the provisions of the limited shopping website, shopping sites apply for a reasonable duty of care, does not cause excessive burden of shopping site, but it can reduce network trademark infringement dispute arise. Indirect trademark infringement exist a variety of forms, different subjects, different business models and different technical patterns, which are affecting determination of reasonable duty of care, subjective fault and exemptions. Therefore, Legislation should be clear in the shopping site components of trademark infringement, refine its duty of care and exemptions, to strengthen its civil liability.Adopting the method of comparative study and empirical analysis, this paper is divided into five parts to study on indirect trademark infringement problems of Chinese shopping website. The first part introduces the two domestic typical cases of trademark infringement on the shopping site, which we can find some problems in current trial cases, thereby analysis of trademark infringement issues of shopping site. The second part is a legal analysis of the shopping sites of trademark infringement. From correctly define the legal status of the shopping website, this paper expounds the legal basis for the shopping website infringement responsibility, which set a series of duty of care for shopping websites. The third part is a comparison about indirect trademark infringement legislation between domestic and foreign. Mainly with the United States and the European Union legislation and cases of trademark infringement comparison, look for the flaws of the current legislation of our country.The fourth part is the analysis about shopping website indirect trademark infringement responsibility. This paper discusses these problems, including the difference between "indirect infringement" and "common tort theory", shopping website trademark indirect tort imputation principle, constitutive requirements, exemption reason and responsibility. The fifth part gives some suggestions about perfect the legal regulation of our shopping website indirect trademark infringement.