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A The Characteristics And Legal Protection Of Trademark Infringement In Network Transaction

Posted on:2018-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:C Q WangFull Text:PDF
GTID:2336330536959318Subject:Civil and Commercial Law
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The Internet as a new science and technology it has changed the social economic model,and the human life mode.Trademark infringement in network environment is different from traditional trademark infringement.There have been many new types of trademark infringement using Internet technology.These infringements undoubtedly bring greater difficulties to the protection of trademark rights.Network trademark infringement is more obscure.As a result of the network economy without boundary Make regional standards fade and various forms of infringement.It has greatly changed the way of social transactions,but also changed the way of trademark infringement.In 2013,our country revised the trademark law.Some fuzzy concepts are defined,and some rules of trademark infringement are defined.However,the revised < Trademark Law > in the network environment has not yet involved in the identification of trademark infringement and protection measures.In the world,some developed countries in Europe and America attempted to pass the concrete behavior of trademark infringement in the network environment,it will make a new application of the traditional trademark infringement theory,so as to regulate these violations.For example,the most representative theory of indirect infringement in the United States.In the American case,the theory is applied to trademark infringement theory for new application.For another example,the anti-dilution theory in America has also been applied in the case of trademark infringement in the American Internet Environment.Secondly,some European countries have developed some new theories about the specific behavior of trademark infringement under the network environment.For example,Germany's "public perception" theory,the United Kingdom's "reputation of trademarks" theory.On the basis of drawing lessons from foreign legislation theories and legal regulations,we should formulate and revise the existing laws of our country and perfect the legal regulations of trademark infringement under the network environment.Therefore,the correct analysis of new types of trademark infringement in the network environment,and find the specific features of infringement,study of the traditional trademark infringement theory in the new application of the network environment,Study on some new legislation theory,combined with China's overalllegal system,formulate specific measures some feasible legal regulation.These are of great importance for further legislation and protect the legal rights of the trademark,but also has a significant impact on maintaining the normal order of network transaction.
Keywords/Search Tags:network environment, trade mark infringement legal, regulation
PDF Full Text Request
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