网络交易平台商商标侵权的主观过错判定机制分析-analysis of subjective fault judgment mechanism of trademark infringement on online trading platform.docxVIP

AbstractResearch on the trademark infringement of trading platform provider is a hotspot of the researches about the Trademark Law in resent years. The existing system is based on the introduction of the existing experience of the western countries, which first introduced into the field of copyright law and later applied into the field of trademark law by the scholars and judicial officers of our country. In addition, most existing researches always analyze the entire constitutive requirement of the trademark infringement liability, and there is little analysis focused on the subjective fault requirement. With the occurrence of a series of far-reaching trademark infringement cases in our country, the academics and the judiciary gradually increased the emphasis on the subjective fault requirement. Therefore, I would like to take this opportunity to explore how to establish the system of confirming the trading platform provider’s subjective fault in our country. So I choose this topic as my paper’s subject and expand it.This paper consists of the introduction, text and conclusion, and the text consists of five parts.The first part is mainly about the status of trademark infringement of the trading platform providers. First of all, this part states the production of the trading platform providers who brought great convenience in the real life, but at the same time has become a hotbed breeding trademark infringement, being a new problem of confirming the trademark infringement liability. Then, I analyze a typical trademark infringement case of the TaoBao company, leading to the question this paper will discuss.The second part briefly discuss the trademark infringement liability of the trading platform providers. Firstly, this part simply introduces the trading platform provider, the subject this paper will talk about. Secondly, this part analyzes the nature of the infringement liability the providers will undertake. Lastly, this part briefly lists the constitutive requi