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Determination Of The Liability Of The Search Engine Service Provider In Keyword Advertising

Posted on:2018-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhangFull Text:PDF
GTID:2416330596452063Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
With the development of internet,web search has become the most important tool for modern people to collect information,and China’s search engine users reached 592 million by June 2016.Key words advertising attracts consumer attention,so it plays more and more important role in the electronic commerce.But it also derives many trademark infringement problems.Many companies use other enterprises’ trademark as their keywords to promote information about your product.So the trademark owners always sue the search engine companies to the court for their right.Since the trademark law does not have direct legal provisions on the conduct of the search companies,the court’s decisions and theories have many controversies.In this paper,the main task is to discuss the legal character of keyword advertising,and whether search engine provider constitute direct or indirect trademark infringement and their responsibility in the key words advertising.There are four chapters in this paper.The first chapter introduces business model and present dispute of keyword advertising.Keyword advertising is developed by search company based on Web Search Technology.Many enterprises use their competitors’ trademark as their keywords to promote information about your product.In the practice,there are still many debates,such as the legal character of behavior,the duty of care of search engine company.According to advertising law,it should be a commercial advertising behavior.The second chapter is to analyze the scope of review which the search engine company should check.I think the keyword and the linked website are not need to review.But the search company should review the promotion information.The third chapter mainly analyses that the search companies won’t constitute direct trademark infringement,and introduce the judgments of the European and American courts.I analyze the rule of initial interest confusion and the theory of trademark investment function.The fourth chapter analyses that the search companies may constitute indirect infringement if they don’t fulfill obligations of review.
Keywords/Search Tags:Key Words Advertising, Search Engine Company, Indirect Infringement, Responsibility of Care
PDF Full Text Request
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