Research On Indirect Tort Liability Of Network Trade Platform Providers

Internet technology guides the optimization and upgrading of the industrial structure,and the online trading platform has emerged.The sudden emergence of the online shopping platform has grown rapidly,transforming the traditional shopping model.Nowadays,online shopping has become one of the "four major inventions" of China's contemporary.Online shopping attracts more and more people with its convenience,alternative diversity,and the security of payment methods.However,it is undeniable that there are many problems such as the prevalence of fake goods and the frequent occurrence of trademark infringement.In recent years,our courts have accepted a series of trademark infringement cases that are defendants of online trading platforms or are jointly defendants with online sellers.Court trials have always centered around the theory of contributory infringement,subjective fault,and notice of deletion.However,there are many problems in the application of contributory infringement injudicial application,and the theory of indirect infringement of trademarks should be applied instead.In the theory of trademark indirect infringement,it is necessary to clarify the legal status of the online trading platform provider.According to the different content provided by the online trading platform providers,they are classified and their legal status is determined.Legal status determines the specific obligations that it should bear.On the basis of summarizing the legislation on the indirect infringement of trademarks and the judicial practice in Europe and the United States,the legislation and judicial practice of indirect infringement of trademarks in China are sorted out,and the problems faced by indirect infringement of trademarks are analyzed.It is mainly due to the fact that the connotation of individual words in the law is not clear,which leads to a deviation in the interpretation of the language of the law in practice.Due to the lack of maneuverability of the legal provisions,the judges have a great deal of discretion in judicial trials,resulting in the emergence of The diametrically opposite verdict.Based on our country's existing laws and regulations and the judicial environment,we learn from the advanced experience of foreign countries and put forward our own suggestions for the indirect infringement of trademarks.