The Liability Of Indirect Trademark Infringement Of Online Transaction Platform Provider

The trademark infringements are increasing rapidly on online transactionplatforms with the rising of online shopping market. Currently, a large number oftrademark infringements on the online transaction platforms not only harm theinterests of trademark owners, but also become an obstacle to long-term developmentof the online transaction platforms. In Internet trademark disputes, most of the directinfringers are from different regions and they also cannot afford the hugecompensation. So the trademark owner tend to sue the Online Transaction PlatformProvider for compensation. But there is no law or regulations for Online TransactionPlatform Provider in indirect trademark infringement. So, in judicial practice, judgesmade different court decisions and Online Transaction Platform Provider don’t knowtheir rights and obligations clearly. So this paper intends to discuss the above issueand expect to provide references for the legislation and judicial practice of our country.This paper consists of four chapters as following:Chapter one overviews the basic contents related to Online Transaction PlatformProvider, including the mode of operation, profit model, and their legal status ofOnline Transaction Platform Provider. This paper studies the third-party provider ofonline transaction platform,as the traditional legal subjects cannot fully cover theircharacteristics, We should define their rights and obligations separately according toits own characteristics. And we can know that online transaction platform providers’main responsibility is indirect trademark infringement after analysis their specific acts.Chapter two analysis the legislative status and judicial status on the indirecttrademark infringement of online transaction platform provider. In the aspect of legislation, though trademark field specifies the “notice and take-down rule” and “redflag test”, they are just general requirements which lack of operability. In the judicialpractice, courts tend to use the “notice and take-down rule” as exemption condition,which is not appropriate.Chapter three studies the indirect trademark infringement liability of the onlinetransaction platform provider. This paragraph is mainly focused on the identificationof subjective fault of online transaction platform provider and discusses how to usethe “notice and take-down rule” and “red flag test” in the trademark field.Chapter four puts forward several recommendations to improve theidentification of online transaction platform providers’ liability, including specifyingand modifying the "safe harbor rules" in trademark field, and setting legal obligationfor online transaction platform provider.