On The C2C Platform Provider’s Advance Notice Obligation For Trademark Infringement

C2C platform has a high incidence of trademark infringement, mainly caused by the particularity of C2C mode, by the ineffective protection of legal norms and by the management of C2C platform provider. While the court is adjudicating the trademark infringement cases, the basic pattern is to examine if the C2C platform providers have taken the duty of care afterwards. The owner of trademark must provide strong evidences, but the large number of infringement makes it difficult and expensive for the owner of trademark to find and obtain them one by one, so that trademark infringement is more and more rampant on C2C platform. It’s not enough for protecting trademarks to limit the duty of care of C2C platform providers at the time after infringement occurred.Nowadays, Trademark owners have difficulties in protecting their rights:trademark infringement is a very serious problem in C2C platform, but the owners of trademark are not capable of self-help in an Infringement Complaint. What’s more, in judicial relief, the court often does not support their claims. The main reasons of this dilemma are the limitation of C2C platform protection efficacy, the finite of judicial judgment and the differences between theories and understandings.It’s difficult for the owners of trademarks to maintain their rights. The fundamental reasons are the lack of protection from C2C platform provider, limiting the duty of care only in the time after awareness of trademark infringement. Should the scope of the duty of care be moved forward? Should C2C platform providers bear advance notice obligation? C2C platform providers are managers of public places, they should bear the obligation of safety guarantee. The advance notice obligation is the proper meaning of the obligation of safety guarantee. What’s more, C2C platform provider’s revenue is ultimately derived from the trades between buyers and sellers. The providers should take advance notice obligation in demand of the principle of equality between rights and obligations. Monitoring and reduction of trademark infringement on C2C platform are in the range of public interest. For the interests of public, the platform providers are required to monitor the potential trademark infringements on C2C platform.Bearing the Advance notice obligation is also feasible. Providers’message channels are undoubtedly wider than the trademark owner’s; it’s easy for providers to find out trademark infringements on the C2C platform. In addition, because of providers’ behavior patterns and management measures currently running, the C2C platform provider actually has the techniques to search. In foreign country, C2C platform trademark infringements and problem of trademark rights protection also exist. The exploration of the European Court of Justice does prove the feasibility.C2C platform should bear the duty of care in advance. However, we can not expect C2C providers commit too harsh liability. Reasonable boundaries of obligation still need to rely on further interpretations. In addition, C2C platform provider and trademark owner must be strengthen their cooperation.