Research On The Liability Of Indirect Trademark Infringement Of Online Transaction Platform Provider

As a new consumption mode,shopping online is a great convenience for people's life,with the growing trademark infringement cases.When the trademark infringement appears in the transaction,the online seller shall bear the liability for the direct infringement of the trademark,the online trading platform providers may constitute indirect infringement of the trademark.But the indirect infringement of the trademark has not been regulated clearly in our current law.The absence of law results in different sentence in the judicial practice.This paper is expected to provide some references for the legislation and judicature.It uses "case analysis" and "comparative analysis" to illustrate the theory and practice of the indirect tort of online trading platform providers.This paper defines the subject as the neutral third party online trading platform provider,and combines with its operating mode to determine its legal status for the network service provider.Its trademark indirect infringement is usually characterized by secondary infringement.Then it is about the online trading platform providers of trademark indirect tort liability,including the analysis of the imputation principles as well as the constitutive requirements,focusing on the duty of care as well as rules "notice-remove".The key part is about the introduction and summary of the quo and existing problems of the online trading platform provider in the legislation and practice of China.By drawing lessons from foreign about trademark legislation practice of indirect infringement,,this paper puts forward the suggestions of about trademark indirect infringement,including legislation regulating the indirect infringement trademark alone,regulating the reasonable duty of care providers clearly,perfecting "notice-remove" ground rules and exoneration clauses.