| With the rapid development of Internet technology and Internet+central government support policies, Taobao, Jingdong Mall and other B2B, B2C pattern has become part and showing its huge trade advantage of consumers everyday life. Followed by a conflict between the law and emerging industries, the network platform service provider currently appear trademark infringement is one of the more difficult issues. How to identify the substantive law, how to properly handle the people’s court in accordance with existing legal provisions and other issues not only bring some difficulties to the operation of the judicial practice, but also to the theory put forward a new topic. This article from the following parts unfold:The first part is the network platform service providers an overview of trademark infringement. From several of the network service provider platform definition to proceed, the network platform service provider for qualitative and eventually come to the network platform is a network service provider shall intermediary service providers that conclusion.The second part introduces the main theories and typical case of foreign-related network platform services. Currently, indirect infringement theory adopted by many countries and regions. These important theoretical and foreign classic case of judicial practice to bring important revelation, we need the relevant case law and judicial practice of civil law and common law was the basis of comparative analysis, combined with China’s Trade Development Network the actual situation of the network in the future a more detailed legislative norms norms.The third part of the internet service provider of network problems of tort liability system. By analysed classical case of this year, it can be found in our current legislation and judicial practice Problems. These problems are mainly reflected in: trademark infringement theory applies fuzzy, subjective fault criteria based on inconsistent and discretion is too large to interest serious imbalance of these three areas.The fourth part of our network platform service providers recognized trademark infringement liability and judicial system improvement recommendations. First of all to build a network platform service providers indirect tort system. The second is to correctly understand and apply the provisions of Article 36, "Tort Liability Act," the key words of the statute, the review obligations of service providers on the network platform and network platform service provider network users faire tort three areas identified. |
