Study On The Liability Of Trademark Indirect Infringement On Online Trading Platform

In recent years,the number of cases at an alarming rate,and in judicial practice on how to identify the indirect infringement liability of online trading platform,especially the subjective elements of the problem that there are many disputes,trademark infringement incurred in suspense network platform.In view of this,this paper describes the judicial practice of trademark infringement of the network trading platform,pointed out that the field of copyright “notice delete rule” and “red flag rule” applicable to indirect trademark infringement problems,and then combined with the domestic judicial cases about indirect infringement rule recognition is proposed for the regression of trademark law,and puts forward the corresponding perfect identification method.Specifically include:The first chapter is the introduction,which introduces the significance of the research,research status and research methods at home and abroad.The second chapter is about the definition of indirect infringement of trademark in the network trading platform.That the network trading platform can be divided into C2 C,B2B and B2 C three types,simply provide a trading platform for online store operators,if constitute trademark infringement,should be recognized as indirect infringement,for the straight camp shop,if the sales of infringing the exclusive right of registered trademark,trademark infringement is not a direct and indirect trademark infringement.The third chapter from the judicial cases concerning trademark indirect infringement of online trading platform subjective judgment rules,namely“notice delete rule”and “red flag rule”,the two rule is originally the indirect copyright infringement cognizance rules for trademark infringement,caused four problems.The fourth chapter is to find the rules of indirect infringement of trademark law.The article puts forward fifty-seventh items of “trademark law” and “Trademark Law Implementing Regulations”,the seventy-fifth part of the article defines the indirect infringement rules of trademark from the subjective and objective aspects of the two aspects.Indirect infringement of trademark is a subjective element,which requires the act to know rather than to know the fact of infringement.The content of the judicial precedent in the United States,the relevant case also shows that the subjective judgment of indirect infringement should be based on the fact that the actor is aware of the specific facts of infringement.The EU Directive on electronic commerce has made general provisions on the network tort liability of Internet service providers,and it is not clear whether the directive can be applied to indirect infringement of trademark.Relevant judicial precedents also did not indicate that it can refer to the provisions of the electronic commerce directive.The fifth chapter makes a detailed discussion on how to determine the subjective elements of trademark indirect infringement.This paper puts forward that the subjective elements of legal norms should choose the “trademark law” and “Regulations” the implementation of the trademark law;secondly,define the network trading platform to clear knowledge and subjective area should know,know the content should be specific rather than general,not suitable for “red flag rules”of recognition of intentional.The last part of this paper,there are many methods of identifying knowledge,after the transformation of the “notice delete rule” is the presumed perpetrator knew the most simple and effective method,in addition,but also through the direct infringer admission,consumer complaints and other external identification.