Rearch On Search Engine Service Roviders’ Obligationa Of Trademark Reviewing For Keyword Promotion

Keyword promotion is a new promotional service providing by search engine service. Businesses buy this service from the search engine service providers,in the service systems, businesses set keywords, promotion information (title and text description and URL address) by themselves and submit them, when Internet users type the keyword which the business set in the search engines, the promotion information will appear in the right or top of the search results page,and the search engine service providers charge per click from businesses. By avoiding blindness of general advertising, and relatively low cost, businesses like this promotion mode.However, in order to better promotion of their products or services,some businesses use others’ trademark in keyword promotion services, thereby causing a lot of litigation.In such cases,many courts think that the search engine service providers does not constitute direct trademark infringement,and based on whether the exercise of reasonable duty of care to determine their legal obligations.However,our law does not specify them, so it is necessary to clear the search engine service providers’obligations of trademark reviewing as soon as possible.It will be analyzed from five parts. The first part is an overview,which introduces the keyword promotion works, features and value,as well as analysis the nature of the keyword promotion services and the search engine service providers. In my opinion, keyword promotion services are commercials advertising acted by Advertising Law, and the search engine service providers are advertising publisher. The second part analyzes the search engine service providers’obligations of trademark reviewing for keyword promotion.It discusses the search engine service providers’ obligations of reviewing for keyword promotion on determined, content, recognized standards and legal liability. From my perspective, the search engine service providers have the obligation to review, ang they should review the title and text description of the promotion information.The main review is to confirm whether it contains others’registered trademarks or unregistered well-known trademarks. The third part discusses the lack of the search engine service providers’obligations of trademark reviewing for keyword promotion. It analyzes relevant laws and judicial precedents,also discuss the main issues and causes. Recently our "Trademark Law" and "Advertising Law" have been revised, but the relevant provisions of the keyword promotion is still insufficient. The fourth part analyzes from abroad in the search engine service providers’obligations of trademark reviewing for keyword promotion,and talks about the judicial practice and relevant regulations of the United States and the European Union. US court held that the search engine service provider’s conduct constitutes commercial use, which may constitute trademark infringement.The European Court considered the search engine service provider does not constitute trademark infringement, if it is neutral. The fifth part is improving the legal system of the search engine service providers’obligations of trademark reviewing for keyword promotion, primarily to refine review content,clearly identified standards, improve the legal liability and improve the legislative technique.In the "eyeball economy" era, keyword promotion services has become the first choice for business to promote their products or services. To better serve the community and reduce the associated litigation, it should be improving relevant laws and regulations as soon as possible, and clearing the search engine service providers’obligations of trademark reviewing, in order to avoid the occurrence of those apparent violations.