Research On Jurisdiction Of The Trademark Infringement Under The Internet Environment

With the rise of the internet economiy era and the prosperity of e-commerce,the global and virtual nature of the Internet has had a certain impact on the issue of traditional trademark infringement jurisdiction,breaking through the criteria for the determination of traditional jurisdictional rules such as the place of infringement,the place where the defendant lived,and the place where the plaintiff lived,the form of infringement and the subject of infringement are more diverse and extensive,making the jurisdictional problems in reality more complicated.More and more cases of internet trademark Infringement come out.However our country legislation on internet trademark Infringement jurisdiction has not formed a clear provisions,and the contents of the law are scattered.The practices are not the same,judicial practice has not formde a definite standard yet.Especially in foreign-relatede cases,most of the courts have incorporated the cases into their own jurisdiction according to the provisions of the contract law or the civil law,and most of the foreign-related cases are independently tried by the courts of our country in accordance with the rules of regional jurisdiction,no confirmation on the status of the litigants,did not fully guarantee the litigious right.The reasonable jurisdiction system is the beginning of condition for judicial justice,a reasonable jurisdiction system is also a condition for judicial justice.It is more important to adhere to a fair and reasonable jurisdiction system in the field of extensive network infringement.the guarantee of the litigious right and the efficiency of internet tout.In view of this,this paper based on the purpose of network infringement jurisdiction and further protect trademark rights in the network environment,maintain the order of fair competition in the Internet economy,and collate and analyze the basic theories and representative of the academic community on the jurisdiction of network infringement.Analysis problems of relevent laws and judicial practice,at the same time,drawing on the legal provisions and judicial experience of the jurisdiction of network infringement cases in various countries,combined with the particularity of infringement cases in China's network environment.According to the particularity of our internet evironment and internet Infringement cases in our country,combining the new theory and our legislation and judicial practice,to improve the reconstruction theory and judictial practice of internet trademark Infringementjurisdiction.In short,the issue of infringement jurisdiction in the Internet environment needs to be resolved urgently,which is of great significance for further regulating the jurisdictional rules and maintaining a fair competition economic order.At the same time,each entity should also make full use of the technological advantages brought by the Internet to strengthen the protection and development of trademarks.