Research On Legal Problems Of Trademark Infringement On Internet Platform In Bidding Ranking

With the development of Internet technology,bidding ranking technology came into being.Bidding ranking,as a new type of network technology,provides most small and medium-sized enterprises with a newer and cheaper advertising method than traditional advertising,but it has also caused many disputes over trademark infringement.In order to make their website links more searchable,bidders often choose other well-known trademarks as keywords,which creates a hidden danger for infringing on the trademark exclusive rights of others.In judicial practice,the recognition of advertisers' trademark infringement is more uniform,and more theoretical studies have been conducted.However,the court did not form a uniform ruling standard on the responsibility of the network platform,and there were problems such as inconsistent definition of the identity of the network platform,unclear obligations,and inconsistent responsibility determination.Therefore,what this article needs to resolve is whether the online platform should bear responsibility in the case of trademark infringement involving bidding rankings.If there is responsibility,what form of responsibility will it take? The responsibility of the current judicial trial on the online platform in China is difficult to identify as a direct trademark infringement.Generally,a common infringement trial is adopted.However,there are certain problems with the common infringement theory.Based on this theory,it is inappropriate to discuss the responsibility of online rankings.Therefore,this paper draws on the theory of indirect infringement of trademarks.Under the theory of indirect infringement,this article analyzes the disputes such as the obligations and subjective faults of the network platform,and puts forward legal recommendations with operability.According to the current laws in China,the author believes that the bid ranking can be characterized as an advertisement,and the online platform as the publisher and operator of the advertisement,the bid ranking advertisements published by it must bear the review obligation in accordance with the Advertising Law.However,due to the particularity of the online platform and the novelty of bid ranking ads,it should be given a moderate review obligation that is different from the general regulations.At the same time,the duty ofattention cannot be abandoned.Specifically,in the different stages of participating in bidding ranking activities,different obligations are set for the online platform.When judging according to law,the judiciary can also analyze whether it has fulfilled its review and attention obligations according to different stages,thereby judging the online platform.Whether there is a fault,and then the network platform assumes different joint responsibilities according to different faults.This article also hopes to use the method of segmented refereeing to generate an inverse mechanism for the bidding ranking service of the network platform,and urge it to strengthen reasonable self-regulation to develop in a better state in the new Internet economy.