论关键词广告中的商标侵权问题-法律专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract With the development of Internet business, the search engine as a key link of informations and users, plays a more and more important role. The search engine has created many conveniences for people, while a series of infringement problems following, especially there were more and more cases which related to the search engines adwords trademark infringement presented in various countries. The traditional trademark law was challenged by the new network environment. The reason why adwords services involved in trademark infringements, is that many advertisers take some famous trademarks as the key words. When the users enter these key words, hyperlinks appeared in the search results might not necessarily be the trademark owners website, and maybe other sites of similar products or even a competitors site. But is this form illegal and how to define the legal responsibilities of the search engine company are the key issues. Proposing the judicial interpretation which specify search engine trademark infringement is important not only for search engine industry, but also for the trademark owner and consumers. This paper try to analyse the problems about adwords trademark infringement by considering the cases of several countries, based on the traditional trademark theories, without introducing initial interest confusion and trademark indirect infringement , and put forward my own views on this issue. This Paper include five chapters besides the Preface and Conclusion. In Chapter l, summarized the adwords, by organizing how does it works and clarifying the adwordss profit model. In Chapter2, combined with the advertising law, pointed out the legal nature of adwords and many infringement disputes triggered by this services. In Chapter3 and Chapter4, analysed the advertisers and search engine service providers infringe or not respectively, after analyzed the PAGE IV PAGE IV advertisers responsibility, author considered the