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The Application Of The "Safe Harbor" Principle In The Infringement Of The Network Trademark

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:X H DuFull Text:PDF
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The rapid development of network economy,besides the impact on traditional industries,has brought some negative effects.Some traditional areas of infringement,also gradually emerging in the new form in the network environment,especially the infringement of copyright and trademark rights.The "safe haven" principle is an important legal principle to balance this type of infringement.It is the relationship between the network service provider and the obligee,which is a combination of entity and procedure.In order to remove the infringement information of the infringer in time after the notification of the obligee's notice,the Internet service provider shall be exempted from the liability of tort.This has contributed to the rapid development of the Internet industry.The protection of “Information Network Transmission Right Protection Ordinance”,“Tort Law of the People's Republic of China” and related judicial interpretation have established a relatively complete "safe haven" system in the field of copyright.However,from the current development situation,the trend of the development of Internet trademarks is far greater than that of network copyright.However,the current infringement of Internet trademark is lack of clear laws and regulations.Most of the judicial practice is invoking the article 36 of “Tort Law of the People's Republic of China” and the principle of "safe haven" in the field of copyright.In the long term this can only be urgent,and it is not conducive to the long-term development of online.With the increase of judicial practice,the principle of "safe haven" is of great practical significance in the field of Internet trademark infringement.Outstanding scholars from home and abroad have also made many unique and profound theoretical researches on this field,and also proposed many legislative proposals for reference.On the basis of absorbing the doctrines of many famous scholars,the author combines the existing laws and regulations and practical cases in China.In order to promote the smooth progress of this legislative activity,this paper basically follows the general idea of "asking questions-analyzing problems-solving problems".From the general overview of the "safe haven" principle,through the analysis of the research at home and abroad,and the current main problems of the understanding,finally to make the building principle of "safe haven" of specific measures in the field of trademark,in order to further elucidated the principle of "safe haven".
Keywords/Search Tags:"safe haven" principle, Internet Service Provider, liability for tort
PDF Full Text Request
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