Research On Indirect Infringement Of Trademark Under B2C Mode

The rapid development of e-commerce has changed our living habits,brought convenience to our daily life,and brought about side effects,especially the proliferation of counterfeit goods on e-commerce platforms.The fake and inferior commodities harm the interests of consumers and also trademark holder's trademark,business reputation and interests.So,under this circumstance,are the operators on e-commerce platform supposed to be responsible for the cases of trademark infringement? Based on current legislation,the resolution of trademark infringement dispute happening on e-commerce platform largely relies on the Notification deletion rule in tort liability law,which also,as such rules are used frequently in practice,sparks some issues like routinization and fuzzification of law application and make the responsibilities undertook by e-commerce platform operators not displayed in full.Up to this day,there is a certain necessity for us to survey the current legal system about trademark and figure out more proper solutions to settle the problems when practice the judicature due to such a case.The author believes that we can use the trademark infringement disputes on the e-commerce platform as an opportunity to conscientiously study the advanced experience in the advanced legislation and practice of foreign indirect trademark infringement under the background of China's tort law,and boldly construct a trademark indirect infringement system.The system of guaranteeing trademark indirect infringement on the one hand effectively regulates the indirect infringement of e-commerce platform operators in the process of direct infringement.On the other hand,it urges e-commerce platforms to fulfill their duties and assume social responsibility for protecting intellectual property rights.Furthermore,we can also learn from copyright and foreign legislation and good practice about trademark infringement and introduce the useful parts into trademark right field,making it in good use.The whole thesis includes the following five parts:In the first part,I briefly introduced the background and significance of studying indirect trademark infringement system.I also introduced and analyzed the indirect trademark infringement system at home and abroad,and analyzed the status quo of the study of notice deletion rules,and even gave my personal opinions.In addition,the research content,method and creation of this thesis are also presented in this part.These practices have laid a good foundation for the study of indirect trademark infringement in B2 C mode.In the second part,i mainly introduces the concept of indirect trademark infringement,the emergence and development of new network transaction mode,and the new features of B2 C e-commerce model.At the same time,indirect trademark infringement,direct trademark infringement and joint infringement are compared and analyzed.This practice restored the independence of indirect trademark infringement.In the third part,the present situation and existing problems of indirect trademark infringement of B2 C model are briefly analyzed.This paper mainly discusses the legislative status and judicial practice,and demonstrates through concrete cases.There are two reasons why the legislation cannot solve the trademark infringement problem of Internet service providers correctly.One reason is that the notification deletion rule is not perfect,and the other reason is the lack of systematic indirect trademark infringement system.In the fourth part,i introduces the foreign legislative provisions and analyzes the deficiencies of foreign legislation and legislation.The indirect infringement system in China's trademark law is not perfect,and there are no safe haven rules.However,The foreign trademark indirect infringement system and the safe haven rules have been thoroughly studied in the early years,and its advanced legislation and practical experience are worth studying and discussing.In the fifth part,some solutions are proposed for the indirect infringement of trademarks under B2 C model.The first is to solve the trademark infringement problem of e-commerce platform by establishing a complete system of indirect trademark infringement.Second,introduce safe harbor rules in trademark law and optimize these rules.