Research On Legal Conflicts Of Foreign Trademark Infringement In Cross-border E-commerce Environment

In the cross-border e-commerce environment,due to its cross-border,borderless,and virtual nature,the traditional trademark infringement conflict law normative theory has created enormous challenges.The most prominent problem is that it is unbounded and The predicament of foreign-related trademark rights infringement under the crossborder e-commerce environment triggered by the regional protection conflict of foreign-related trademark rights.In the cross-border e-commerce environment,the predicament of foreign-related trademark rights infringement is mainly caused by the unbounded nature of the crossborder e-commerce environment and the characteristics of globalization.The "trademark use behavior" is unclear,so as long as it can The "trademark use behavior" in the environment of e-commerce is determined,so that the "trademark use behavior" can be judged in a clear jurisdictional space,and the dilemma can be solved.So how do you confirm the “land of trademark use” in a cross-border e-commerce environment?This article discusses two paths.By examining these two paths,it can be found that the international unified substantive law path has no applicability;while the traditional conflict law normative path has applicable limitations,and it is necessary to add auxiliary factors to the connection points of the traditional conflict law normative path.Artificially divide and determine the “land of trademark use” under the crossborder e-commerce environment.The Law of the People's Republic of China on the Application of Foreign-related Civil Relations Law is the main norm of conflict law in China.However,after examining its regulations,it finds that there are a lot of shortcomings in itself.In the cross-border e-commerce environment,these shortcomings are needed.Make corrections.This article is divided into four parts:First of all,this paper mainly explains the basic concepts and their respective characteristics,which leads to the most difficult dilemma of foreign trademark rights infringement under the cross-border e-commerce environment caused by the crossborder e-commerce unbounded and the regional conflict of trademark rights.Secondly,this paper mainly explains three manifestations of the predicament of foreign-related trademark rights infringement under the cross-border e-commerce environment,and discusses the characteristics and solutions of the foreign-related trademark rights infringement dilemma under the cross-border e-commerce environment.Thirdly,this paper attempts to solve the dilemma from the two paths of the international unified substantive law path and the conflict law normative path.After the investigation,it was found that the international unified substantive law path has no applicability,while the traditional conflict law normative path has applicable limitations and needs to be reconstructed.Finally,based on the conclusions drawn before and the shortcomings of the existing conflict law norms in China,this paper proposes the system recommendations for the current law of conflict law in China,the Law applicable to foreign-related civil relations of the People's Republic of China.