Study On Trademark Infringement Liability Of E-commerce Platform Operators

On January 1,2019,the electronic commerce of the People's Republic of China law formally implemented,including the second chapter to the third party e-commerce platform operators to platforms of trademark infringement behavior made relevant provision,but for sure e-commerce platform operator's liability is still not very clear.This paper is divided into three parts: the first chapter puts forward problems and points out the problems of trademark infringement on e-commerce platform.The first is the problem of unclear obligation,the second is the confusion possibility judgment and trademark dilution in the direct infringement determination of platform operators,and the understanding and operation of the notification rules in the indirect infringement liability.This is the keynote of this article.Second chapter discussing the topic of this article,tort liability,this chapter discussed e-commerce platform directly assume tort liability and responsibility of indirect infringement,corresponding with the first chapter,the bearing of the direct infringement liability must first clear using the judgment standard,confuse the possibility that the cognizance of the indirect infringement liability of platform operators,and take the way for the indirect infringement liability was discussed,including the tort liability law mentioned joint and several liability and some scholars mentioned vicarious liability.The last chapter is to put forward Suggestions to improve the trademark infringement liability system,hoping to strengthen the liability of e-commerce platforms in trademark infringement through reasonable adjustment of their obligations,and to put forward some operational Suggestions for the improvement of notify-notification rules.Punitive damages for such infringement are more deterrent and conducive to the protection of trademark rights,so I also put forward some Suggestions on the compensation operation.