Trademark Infringement And Its Legal Liability In Network Environment

Along with its fast development, electronic commerce brings not only chances to networkmarket, but also lots of negative effects. Among various kinds of infringement in network,infringement of trademark rights is a most common and unnoticeable one. However, laws oninfringement of trademark rights are still lacking in our legal system. Only via rational means,can these problems resulting from mismatches between laws and reality be solved, in order topromote development of network market. In this dissertation, aiming at figuring out exitingproblems, approaches to them are put forward based on available resources.According to current situation of the market economy of our country, it can be predictedthat network market would attract more and more attention, with network technology more andmore developed and also e-commerce more and more improved. It is badly needed to acceleratethe construction of law and consummate laws in each field so that laws function in technologicalfields and solve kinds of problems in network market. This is also author’s purpose to composethis paper on trademark infringement in network environment.In this article, author reviewed relative documents on law theory, laws and legal judgments,and summarized three existing problems as trademark infringements in e-commerce, register anduse of network and fields of exploration engine. During choosing supporting ideas and cases,author has taken universality, controversy and representativeness into consideration. To supporteach idea, three typical cases were quoted, which derived from real judgment of court. Viaanalysis and combination with legal laws and jurisprudence, author put forwards somereasonable solutions to issue on trademark under net environment.By comprehensive analysis, the author discusses three problems, summarize theconclusions are as follows: the author thinks that the trademark infringement under the networkenvironment is frequent, remedy the lack of reasons network supervision and network marketaccess standard is too low, deficient network tort punishment, to solve these problems, the authorputs forward increasing network regulatory measures, set up network police for industry andcommerce, network business review, arbitration and system; Improve the network market access standard, strict review process; Increase the network tort penalties and other relevant measures tosolve.