Research On Trademark Infringement Liability Of Online Trading Platform Service Provider

In recent years,with the rapid development of e-commerce industry,a large number of online trading platforms emerge and the popularity of network transactions increase,while changing the traditional consumption mode,many problems have emerged.There are a large number of trademark infringement problems in the field of online trading,which not only infringes the rights of trademark owners and damages the interests of consumers,but also hinders the long-term and healthy development of the network trading industry.In the process of regulating trademark infringement in the field of network trading,it is one of the key issues to determine the tort liability of network trading platform.The traditional trademark infringement theory generally characterizes trademark infringement of network trading platform as joint infringement,which is not conducive to accurately define the responsibility of the platform.In judicial practice,there is also a lack of a unified standard in court decisions on such cases.This paper analyzes the legislation and judicial practice of trademark infringement liability of network trading platform service provider in China,investigates the legislation and judicial practice at home and abroad,and probes into the related problems in the identification and investigation of trademark tort liability of platform service provider,thus put forward specific feasibility suggestions.This paper is divided into four parts:Chapter 1.This chapter summarizes the basic theory of trademark infringement of network trading platform service providers,briefly introduces the concept,category,legal status and corresponding legal obligation of the network trading platform service provider,and analyzes the type and nature of the trademark infringement liability of the network trading platform service provider.Chapter 2 This chapter introduces the current situation of legislation and practice of tort liability of network trading platform service providers in China.Based on the typical case study,it analyzes the problems existing in the legislation and judicature of trademark infringement liability of our country’s network trading platform service providers.For example,the theory of tort liability is undefined,the subject’s legal obligation is ambiguous,the rule of "Notification-Delete" is too rough,and the system of determining the amount of tort liability compensation is not clear.Chapter 3 This chapter briefly introduces the legislation and judicial practice of the European Union and the United States on the trademark tort liability of the network trading platform,and concludes the experience that can be absorbed and used for reference in the process of perfecting the trademark infringement liability system of the network trading platform in our country.Chapter 4 In this chapter,the author puts forward some suggestions on how to perfect the trademark tort liability system of China’s network trading platform service providers.On the basis of analyzing the current situation of legislation and practice in our country,and combining with the experience of foreign countries,this paper puts forward a series of suggestions to perfect the legislation of trademark infringement liability of service providers of network trading platform in our country.Such as the introduction of trademark indirect tort liability system,clear network trading platform service provider’s obligations,the "Notification-Delete" rule of legislation to improve and improve the amount of trademark tort liability compensation system.