Identification Of Indirect Infringement Liability Of Trademark On Operators Of E-commerce Platform

In the internet transaction,the Operators of e-commerce platform has constructed the internet transaction backing platform for the buyer and the seller,has provided the information technology service,its neutral role is in the transaction.On the one hand,Operators of e-commerce platform do not bear the obligation to censor and supervise infringement information of online transactions on the e-commerce platform.Their pre-transaction reviews are mostly in the form of formal reviews to ensure the security,authenticity of transactions,not to ensure no infringement.On the other hand,once the trademark infringement occurs in the internet transaction,if the Operators of e-commerce platform ignores or ignores this,then its behavior will facilitate the direct trademark infringement and constitute a risk of infringement.Therefore,for trademark infringement of Operators of e-commerce platform,it is necessary to clarify their liability types and system status in law.Correspondingly,the legislation should correctly identify such infringement,make clear that the principle of liability for fault is the principle of liability,in determining the establishment of infringement network trading platform providers can accurately grasp the criteria for determining their fault.Faced with the great prosperity of business trade,how to balance the interests of all parties in the network transaction after the occurrence of trademark indirect infringement,the more important thing is to clarify the legal status,legal liability and legal obligations of the operators of e-commerce platform,and then to analyze the interests to achieve a balance.It can be predicted that with the development of e-commerce in our country,the legal norm system of e-commerce will also be perfected day by day.The identification and regulation of trademark infringement liability of operators of e-commerce platform will also be more clear with the development of legislation,justice and practice of e-commerce laws and regulations as well as tort liability law.At the same time,judicial attention should be paid to clarify the obligation of the operators of e-commerce platform to examine and supervise trademark infringement information,and further strengthen the grasp of the standard of liability determination in the trial of cases,in which the judgment of fault must be prudent.