网络环境下商标侵权行为的认定——以“为为网”案为视角.docx

标侵权行为的表现形式进行简单的描述，接着对不同侵权表现形式进行分析，在此基础上对这一类网络商标侵权行为进行行为认定。本文在最后指出了网络环境中商标侵权的例外情形，也是认定商标是否侵权的一个标准，即合理使用。 关键词：网络 商标侵权行为 构成 认定 类型 IV 万方数据 Abstract Since the 20th century, China has entered the era of the Internet, the Internet as a new science and technology, greatly reducing the relations between people, between people and society of information exchange and exchange of time and cost, but also improve the information utilization. It not only promoted the development of the emerging e-commerce industry, but also changed the trading community, but also changed the way of trademark infringement. Trademark infringement extends from the real world to the network, the result is the traditional trademark infringement theory it brings can not fully adapt to the development of society well up. The traditional theory of trademark infringement believe that the intention is to produce the trademark will distinguish the source of goods and services, or open, which is a trademark of all the features of the most important and basic functions. Standard in order to establish a likelihood of confusion became recognized standards of trademark infringement. However, with the development of the network, relying solely on the likelihood of confusion as a standard in determining whether trademark infringement has been unable to meet the new development environment. 2013 Chinas new revised the Trademark Law, but the revised Trademark Law in that standard has not yet involved in the network environment and the protection of trademark infringement. Today is the era of the Internet, trademark extends from the virtual world to real life, which means in the network environment trademark infringement will appear in real life different characteristics infringement, trademark infringement network compared to traditional trademark infringement more out of the hidden sex, geographical criteria dilute forms of infringement increasingly diverse characteristics. Therefore, for trademark infringement net