网络链接服务提供商商标侵权责任分析-analysis of trademark infringement liability of network link service provider.docxVIP

AbstractTrademark has been playing an important role in the online shopping which is on a basis of internet technology. This phenomenon brings an result that the frequency of trademark infringement becomes more and more quickly and the owner of trademark has bought dearly cost. The difficulty of administration of justice follows this process. And due to the difficulty of affirming infringement that the internet technology has brought about, as far as the gap between the quickly development of internet technology and the trademark legislation, the owner of trademark is in an embarrassing position. The hyperlink businessmen who plays an important role in the process of the formation and development of the internet technology, is of important significance to study the trademark infringement in the realm. The hyperlink businessman does not implement the direct infringement in essence. He only plays the role of bridge and passage. This characteristics determines that the service which is provided by the hyperlink businessman constitutes the secondary infringement. Also we must take the basic action of the hyperlink on the internet into account when we make the judgment if one behavior constitutes infringement. There exists dispute on the criterion of liability about intellectual property. However, we should apply the criterion of fault liability on the liability of the hyperlink businessman. In this way, it has no difference in comparison with the traditional infringement. But we should notice that how to make a judgment on the subjective fault is an important and difficult problem. We also should consider the interaction relationship between the quickly development of the internet and attention duty of the hyperlink businessman and the actual regulatory capacity and operation cost of his. We should get the balance between reducing the risks of the hyperlink businessman’s infringement and each party’s interest. Only in this way can we get the balance between the protecti