The Liability Of Trademark Indirect Infringement Of Online Trading Platform

The rapid development of network economy industry is accompanied by the occurrence of different torts.In recent years,indirect trademark infringement is one of the representative types of infringement that stands out in the infringement cases of online trading platforms.However,the relevant legal system of this type of infringement is still in the stage to be constructed and formulated.According to this situation,based on the theoretical basis of the identification of the liability for indirect trademark infringement,this paper takes the countries with relatively perfect overseas relevant legislation as the research object,tries to discuss the responsibility of online trading platforms for this kind of infringement,and analyzes the shortcomings of China.The author tries to discuss some Suggestions to protect the trademark right.The first part briefly introduces the basic concept and theoretical knowledge of indirect trademark infringement on the network trading platform.Then it summarizes the characteristics of indirect trademark infringement on the network trading platform.Of course,if the indirect trademark infringement liability of the network trading platform should be accurately attributed,the legal status of the network trading platform should be correctly positioned.At the same time,the type of indirect trademark infringement on the network trading platform is also the starting point for us to analyze the responsibility of the trading platform.The second part is a brief description of the principle of attribution and the elements of liability for indirect infringement of trademarks on China's online trading platforms.This paper makes a comparative analysis of different imputation principles and discusses why the principle of fault liability should be applied as the imputation principle of indirect trademark infringement.The third part is to summarize the legislative experience of the United States and the European Union on indirect infringement of network trademarks and conduct in-depth discussion and research.Based on the analysis of the principle of foreign liability attribution and the review obligation of online trading platforms,through the comparison of the current situation of China's legislation and justice and the comparison between China and foreign countries,the deficiencies of China's legislation and justice system in the indirect infringement of trademarks in online trading and the reference of foreign countries are clarified.This paper puts forward the specific idea of establishing the trademark indirect infringement protection system in the unique network trading platform of our country.The fourth part is the analysis of the network trading platform mentioned in this paper in the identification of indirect trademark infringement liability problems,and according to the problems combined with China's legislative and judicial status quo and trading platform operation mode changes,put forward the corresponding improvement methods.