Research On Judicial Practice Of Internet Trademark Infringement

The rapid development of network technology has brought a series of new trademark infringement forms,and the number of infringement has also increased dramatically,which is challenging China’s current legislation and judicial acts.Existing trademark infringement theory has been embarrassing to handle new types of trademark infringement.Lacking of specific provisions in law leads to inconsistence of similar cases.In this context,it is necessary to discuss and summarize the rule of judgements,clarify criteria of application of lawsand unify the judicial scale,so that the judgment can be consistent.This paper expounds the practical significance and necessity of the research on the judicial practice of internet trademark infringement.From the aspects of procedural and substantive mechanisms,this article originally presents solutions to the problems of the current network trademark infringement trials and hopefully this can do a pygmy effort for the improvement of Chinese trademark trails.The article is organized as follows:The first chapter mainly elaborated the concept,characteristics and hazards of cyber trademark infringement,points out its damage to the trademark rights owner at the same time,the damage to consumer.It also causes destruction to social competitive order and investments of entrepreneurs.The second chapter discusses the present status of the regulation of network trademark infringement,including domestic and foreign situation.Through comparing the foreign mature network trademark infringement theory and practice,this chapter analyzes the deficiency of legislation and practice of the resulting judicial phenomenon;Then,it further analyzes the problems in the current trial practice in China,and clarifies the necessity of summarizing the trial rules to solve the problems.The third chapter mainly aims at the procedure problems of internet trademark infringement trails,and brings up the solution.The participants of the trial were one-by-one analyzed,and it expounds the jurisdiction in an internet trademark infringement case should be based on the existing jurisdiction of trademark infringement,as well as the characteristics of cyberspace to determine.Therefore the place of computer terminal is suggested to be considered as the place of injury.To crack the substantive issues of the cyber trademark infringement,a delicate solution was put forward in the fourth chapter.It mainly studies the three newer and complex forms of infringement,such as link infringement,bid keyword infringement and APP name infringement.It also has a list with a series of typical cases.By summing up the rules of the cases,the author puts forward the principles and standards for establishing those three kinds of infringement.