Research On Indirect Infringement Of Trademark Of Network Trading Platform

With the wide popularity of the Internet and the development of smart phones,Internet shopping has become an indispensable part of people's life,online shopping is a word into a new era,one of the typical label but things often has two sides,online shopping in trade bring convenience to people at the same time,also gives crime or tort of soil conditions.Now,online shopping has become a serious area of intellectual property infringement.Among them,the trademark field is the most serious,which has attracted the attention of all countries.In this context,in order to protect the legit imate r ights and interests of trademark owners and adapt to the development of the society,the indirect infringement system has entered the public view.Leg islat ion in our country is not clearly stipulated directly on the "indirect infringement" system,so the indirect infringement trademark often borrowed from the civil law,tort liability law,judicial practice and to solve the problems in the field of copyright and related specification,but other related specification does not form a complete system,effective and meticulous.These regulat ions are very scattered,very rough and single,and the supporting rules are not perfect.Just think,in the judicial use the imperfect specification to guide the referee,that means that a judge can be according to the specification of the very few,too many questions need to rely on the judge discretion,between different regions,different courts and judges the difference will be directly reflected in cases related to the referee.Extremely easy to cause the consequence is that the judge in the applicable rules of "indirect infringement ",the resulting differ,thus easy to cause the phenomenon of different connection with the given,serious damage to the judicial author ity,the more effect method guidance role.In fact,the greatest value of justice lies in the unif ied standard.In some cases the uniform value is above fair and reasonable.Because the law has a guiding ro le,as a code of conduct,it has a great mission to guide what people can and can't do.Therefore,the background of the research on the indirect infringement of trademarks is the vague legis lat ion in the field of indirect infringement of trademarks,the alienat ion of judicial standards,and different judgments in the same case.The purpose of this study is to integrate the existing norms and to think about the deficiencies of the existing norms,and hope to add brick and tile to the standardization of trademark indirect tort legislation and judicial practice standards.In this paper,the existing relevant regulat ions and shortcomings of civil law,trademark law and tort liability law are first analyzed based on the exist ing legis lat ion norms of indirect inf ringement of trademarks.From the analysis on the judicial case,after the analysis of the existing norms of legislative deficienc ies in the judic ial practice and impact,focus on the shortcoming of the "notice to delete" rules,and the relat ionship between the common infringement and indirect infringement;Based on these effects and the insufficiency,then the trademark indirect infringement system applicable to make further thinking,put forward should be given independent status,indirect infringement and improving Suggestions on "notice--delete" regulation.