网络交易平台提供商商标间接侵权问题研究——以“衣念诉淘宝”案为例-research on indirect infringement of trademark of online trading platform provider - taking yi nian v taobao as an example.docxVIP

AbstractWith the rapid development of electronic commerce in China, internet trading platform plays an increasing important role in commercial transactions .Due to the convenient and virtual network transactions, there is an increasing serious problem of infringement of trademark right.Indirect infringement of trademark refers to the trademark infringement, behavior was not directly involved in the infringement, but provides convenient conditions or help to direct infringement, which resulting in the expansion of trademark infringement consequences .in our country we lack of laws to prevent the direct provision of indirect trademark infringement, indirect infringement problems caused by Internet trading platform providers, especially the trademark is too hard to deal with.Due to the platform provider does not directly involved in the transaction, only provides the online trading space for both the buyer and the seller, its status is similar to the venue provider.Indirect infringement of trademark has a form of infringement, contributory infringement and vicarious infringement, because the alternative vicarious infringement liability, platform providers can only inducement infringement and infringement on trademark infringement.Legal disputes arising from intellectual property rights, the imputation principle has been controversial, with the principle of fault and no-fault principle two statements.Considering from the perspective of characteristics and interest balance, we think Indirect infringement of trademark apply the principle of fault responsibility. Its responsibility concludes damage and behavior and the causal relationship between the results of composition, and we focuse on the identification of platform providers subjective fault. the platform provider fault should be based on whether there is the ability to control from the starting point, remedial actions considering reasonable prior review and monitor behavior, attention behavior afterwards, and then d