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Trademark Infringement In Network Environment

Posted on:2020-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WangFull Text:PDF
GTID:2416330623952939Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Trademark is a representative mark of an enterprise product.Its role is to distinguish commodity information,carry goodwill and open up the market.As an important component of commercial competition,merchants also attach great importance to the protection of their own trademarks.Nowadays,it is an information society developed by the Internet.The network carries a lot of business information and economic context.Trademarks have also been given new life and new meanings in the network environment,and their applications and expressions have also undergone substantial changes.Trademark infringement in the network environment is not only a spatial change of infringement,but also a great change in form and content.This change has brought many problems to the protection of trademark rights in China under the network environment.The problem is constantly updated with the development of the network.The traditional way of protecting trademarks has been difficult to achieve the expected results.The retrospective effect of the legal effects of relevant laws and regulations can not be applied to the network environment,so how to solve China's network environment The issue of protecting trademark rights has become a new topic in China's Internet information society.As the subject of today's business and economy,the network has many characteristics.The most familiar to us is its openness,freedom and virtuality,and of course the complexity and concealment that we don't usually see.These characteristics make the new means of trademark infringement in the network environment emerge in an endless stream.The characteristics of novelty,diversity and concealment are the great difficulties and influences for the judgment of the infringing body and the relief of the damage facts.The protection of trademark infringement in the network environment poses great challenges.This paper analyzes individual cases,from the perspective of the infringement elements,comprehensive research status and judicial practice at home and abroad,mainly research on the infringement methods of domain names,links and search engines,in the context of trademark infringement under the network environment.Issues such as certification standards are the research context,discover problems,make suggestions on relief methods and administrative deficiencies,and hope to provide Yingyingguang for China's development in the new era of Internet economy.
Keywords/Search Tags:trademark infringement, tort liability, trademark protection
PDF Full Text Request
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