On The Indicative And Reasonable Use System Of Trademarks In E-commerce

Indicative and fair use of trademarks has not been clearly recognized in China's official laws and regulations and other documents.Compared with the rational use of copyrights and patents,the theoretical analysis of the instructive and reasonable use of trademarks also started later.Indicative and rational use of analytical research is still in an immature state.In the field of judicial practice,the central and local courts at various levels determine the criteria for the indicative and reasonable use of trademarks,all based on their own understanding of the indicative and reasonable use,and have not formed a standard in judicial practice that is widely recognized by all sectors of society,affecting The tripartite actor makes legal and reasonable estimates on whether the conduct constitutes indicative and fair use of the trademark through the currently effective laws and regulations documents and credible judicial judgment,so as to avoid legal risks.Indicative fair use is a type of fair use of trademarks,and fair use of trademarks is one of the important cornerstones of constructing the theory of trademark rights limitation.How to determine whether the behavior of the actor constitutes indicative fair use of trademarks,and establish it from the perspective of legislation and judicial practice Improving the indicative fair use system of trademarks is a problem that needs to be solved urgently.China's Internet economy has developed rapidly in recent years and has entered the era of the Internet economy.Among them,there are many flexible people who make profits through Internet channels.The management methods and profit realization methods are types of behavior that are not commonly used or will not appear in the traditional real economic environment.Popular media,live broadcast,etc.How to determine the indicative fair use of trademarks,and analyze the special types of trademark use in the field of e-commerce,demonstrate the standards applicable to indicative fair use in e-commerce,and construct an indicative fair use system from a legislative and judicial perspective Main research content.Based on the concepts of e-commerce and trademark fair use,combined with domestic and foreign legislation and judicial comparative research,this paper deduces the traditional theory of trademark fair use for deduction into several special types of trademark use in the e-commerce environment.The analysis of the special types of trademark use behaviors constitutes an indicative fair use of traditional trademarks,analyzes the characteristics of trademark infringement in the field of e-commerce,and explains the similarities and differences between e-commerce environment and traditional real economic environment.The trademark use behavior in the e-commerce environment is more complicated.Whether the behavior constitutes an indicative and fair use is not only difficult to identify,but also difficult to operate in practice.This article aims at the particularity of trademark usage in the e-commerce environment,and puts forward legislative and judicial suggestions on the indicative and reasonable use of trademarks,and what particularities the court should have when trying trademark disputes in the e-commerce environment.Specifically,this article starts a specific study from the following five chapters:The first part is an introduction chapter,which specifically discusses the research purpose and background of this article,analyzes the indicative reasonable use of trademarks and the current status of domestic and foreign theoretical research related to the e-commerce environment,and the research scope and research methods of this paper.The second part is an overview of the indicative fair use of trademarks in e-commerce,including the concepts of e-commerce and indicative fair use of trademarks,enumerating several special trademark use behaviors in the field of e-commerce,and whether the trademark use behaviors are established in the traditional environment.An analysis of the indicative and reasonable use of trademarks summarizes the characteristics of trademark infringement in e-commerce.The third part analyzes the current status of China's trademark fair use system,including the status quo of legislation and judicial practice,summarizes the standards applicable to the determination of indicative fair use in judicial practice,and analyzes the existing legislation and Judicial issues.The fourth part is the legislative situation of the trademark fair use system in the United States,Europe and Japan,and analyzes the enlightenment and reference for China.The fifth part proposes reasonable and highly feasible perfect suggestions for the main problems in legislation and judicial use of trademark instructional reasonable use Identification criteria and reference factors.