Research On Liability Of Internet Service Providers For Tradermark Infringement

With the rapid development of e-commerce,network service providers bear the central function of network information transmission,and there are also a large number of trademark infringement problems.The trademark infringement liability of network service providers comes from this.How to regulate online trademark infringement becomes an emerging legal issue.Article 36 of China's Tort Liability Law provides for network tort liability and provides legal guidance for the referee of trademark infringement cases.This paper starts from the perspective of trademark infringement liability,and uses the literature method and case analysis method to explore the issue of trademark infringement liability of network service providers.The introduction part of the article mainly expounds the research background,research significance and research status of trademark infringement liability of network service providers.The main body is divided into three parts:The first part,the definition of network service providers and the theoretical basis of trademark infringement liability.In terms of concept,type,legal status and obligations,the legal status has three viewpoints: “intermediary person”,“joint party or seller” and“landless lessor”.The obligation is supervision,assistance and rigor.Attention duty.The theoretical basis defines trademark infringement liability as civil liability,applies the principle of fault liability,analyzes its constituent elements with four essentials,and adopts three theories of indirect infringement,confusion and desalination.The second part analyzes the status quo of trademark infringement liability of network service providers,including the status quo of legislation,judicial status and existing problems.China's current regulations on trademark indirect infringement are not clear.In judicial practice,most courts have determined the legal nature of such cases as direct infringement or joint infringement.The main problems are not clear about the concepts of knowing,necessary measures,notices and counter-notifications,the inconsistency of the criteria for the subjective fault of network service providers,the inevitable exemption of network service providers after fulfilling their legal obligations,and the definition of reasonable care obligations.Clearly and unaware of the seriousness of repeated infringements,and the necessary measures for the repeated infringers when the applicable notice is removed and removed.The third part puts forward suggestions for the improvement of the trademark infringement liability of network service providers.Based on the status quo and existing problems,the article puts forward four suggestions for determining the trademark infringement behavior,refinement notification + deletion obligation,unified subjective fault identification standard and regulation indirect tort liability in online transactions.