商标权间接侵权问题研究-民商法学专业论文.docxVIP

Abstract There are legal sanctions upon trademark direct infringement, but no relevant laws and regulations about trademark indirect infringement in the trademark law of our country. According to the juridical practices from many countries and regions, simply investigating the responsibilities of the trademark direct infringer sometimes cannot give the trademark obligee enough legal protections. Because someone who doesn’t infringe trademark right directly but induces、instigates or incites others to infringe trademark right，causes the occurrence of direct infringement ，and objectively damages the interests of the trade mark oblige. At the present ， some adjudgements which affirm the establishment of trade mark indirect infringement have been in existence， which indicates practice has exceeded law. So research on trade mark infringement is exigent. Meanwhile, after decades of enforcement of trademark law in our country, the trade mark system has developed greatly with many experiences accumulated. For the need of the development of trade mark law and the reality the penman points out that we need to regulate trade mark indirect infringement definitely in the trade mark law of our country. There are two core issues in trade mark indirect infringement. One is its components, the other is about the responsibilities of the infringer. The first one is involved with the subject of infringement、 the subjective aspects of the infringer、manifestations of infringement. The second one is involved with the accountabilities of the direct infringer and the indirect infringer, in which this thesis lies. This thesis is mainly about the trade mark indirect infringement. The conception and components of trademark infringement、some theories on trademark infringement in civil law、the compare between trademark direct infringement and trademark indirect infringement and the cognizance of III trademark indirect infringement are also been discussed in this thesis. Based on the infringement