Market Operator's Responsibility Determination In Trademark Infringement

As the most important symbol in our economic life,trademarks have a tremendous impact on the economic and social development of our country and people's lives.With the development of economy,the value of trademarks has also been increasing.At this time,trademarks and goods are more than just a simple symbol.The trademark in the past was at best a salesman who did not speak.Today's trademark is still a silent publicist and messenger.The other side of the growing value of trademarks is the continuous emergence of trademark infringement.In recent years,the use of rented shops to sell goods that infringe on trademark rights has become an important form of trademark:infringement.Then,whether the market operator as a rental venue needs to bear the responsibility for trademark infringement,the standards for identification injudicial practice are not uniform,This article selects a few typical cases for discussion,from the court's determination of such cases when determining the market operator constitutes the basis of trademark infringement,the form of responsibility to carry out analysis of two aspects,based on the results of previous research,combined with foreign countries The experience of our country's judicial practice suggests that we should find out the reasons why market operators can bear the most responsibility for trademark infringement-the management mode of market operators(loose degree of management)and use this type of analysis,Based on this basis,it is determined whether market operators should assume responsibility for trademark infringement and how to assume responsibility.The author proposes to analyze specific issues in this type of case,and it can't be generalized.