On The Responsibility Of The Internet Trading Platform Provider For The Trademark Infringement

With the continuous improving of economic level and the rapid development ofelectronic commerce, internet shopping provides a large business platform to the businessesand brings a easy and fast shopping way, on the other hand, the traditional system ofintellectual property law faces huge challenges. The hotspot as well as the common one is thetrademark infringement cases of the trademark owners suing the network trading platformprovider. To this, there is no clear stipulation in our country at present. In judicial practices,many courts basically affirm indirect trademark infringement liability of the network tradingplatform provider based on the joint infringement theory. This, no matter on the liabilitycognizance or responsibility undertaking, cannot reflect the fairness and reasonableness oflaw, but leads to the imbalance of public interest and the protection of intellectual propertyrights.This paper discusses by using the methods of empirical analysis and comparativeanalysis. First of all, the concept, characteristics and operation mode of the internet tradingplatform providers is introduced. Then the different points of views of its legal status in thetheoretical circle are elucidated. The network trading platform, different from the traditionalintermediary or agent is considered as network intermediary service providers which isintermediary, serviceable, cooperative and leasable. After that, the legal status of the networktrading platform providers, and their legal obligations are analyzed. Combining with thetypical cases in our country, the current legislative status quo and existing problems in thejudicial practices are analyzed. These problems include the fact that China’s currentlegislation does not make clear a regulation network trading platform provider’s obligations,that Joint tort theory is not completely suitable for the network trading platform provider’strademark indirect infringement, that Inform+Delete rule is difficult to effectively preventfurther infringements, that no disputes are effectively solved. Next, the legislative status quoof internet platform providers’ trademark infringement liability in our country and the othermain countries and regions is considered in an effort to have a systematic cognition andcomparison of the legal stipulations on this issue at home and abroad. Finally, in reference tothe foreign advanced legislation experience and combined with deficiency of currentlegislation in our country, consummating the network trading platform provider’s trademarkinfringement liability system which includes introducing a system of indirect infringement oftrademarks, reasonably regulating network trading platform provider’s review obligation, improving its limitation condition, is proposed in order to achieve a better balance of therelationship between the holders of the intellectual property rights and public interests.