场地提供者的商标间接侵权责任认定-@@专业毕业论文.pdfVIP

Abstract In recent years, more and more trademark owners bring litigations to require site providers to bear liability for infringement on trademarks of site rentals, namely, require site providers to bear indirect infringement on trademarks. The indirect infringement on trademarks by site providers mainly contains two typical types of lured infringement and contributory infringement. Owing to the fact that our country has not yet established the system for indirect infringement on trademark, as for contributory infringement by site providers, the provisions related to contributory infringement in the general provisions of the civil law is referred in the judicial practice to judge that indirect infringement and direct infringement constitute joint infringement to bear several liability. As for the identification on subjective fault of site providers, whether site providers constitute indirect infringement on trademarks is identified according to the provisions in Paragraph 2 of Article 50 in the Implementing Regulations on the Trademark in the judicial practice. As for the aforesaid issues, this thesis endeavors to combine the case and theory and researches the standards for identification on subjective fault of contributory infringement by the site provider and the forms of liability thereof. This thesis consists of three parts, in which Part One introduces the case and focuses in dispute, Part Two analyzes the dispute of the case and Part Three elaborates the research conclusion. There are two focuses in dispute in the case, including the standards for identification on subjective