The Tort Of Intellectual Property And Affirmation On Second-hand Goods Online Trade Platform

With the fast development and popularization of the Internet and information technology,electronic commerce is also in continuous development process.Second-hand goods online trade platform produced when the electronic commerce progressed to a certaun advanced level.Second-hand goods online trade platform is one kind of e-commerce platform,but it comes into being behind the e-commerce platform,the rules of the platform is incomplete,also the rules of law.Fakes run rampant on the second-hand goods online trade platform.Fakes run rampant on the Second-hand goods online trade platform show two types,the one is the users sale the fakes after they do not need it which behavior is one-off and not for luccrative purpose,the other one is the merchants make themself personal users and register so many accounts to sale fake goods which behavior is uninterrupted and for luccrative purpose.So ti is imperious demand to solve the problem about making it clear about the nature of the two kinds of behavior and making it clear whether the users' behavior are tort,whether the second-hand goods online trade platform' behavior is tort.Scholars only pay attention to the torts on e-commerce platform but not second-hand goods online trade platform,so the researchon this text has much theoretical significance and practical significance.The first part of this text intorduce the development of the second-hand goods online trade platform at China at first and then explain the development prospect of it.The purpose of this part is emphasizing the significance to research the second-hand goods online trade platform.The second part of this text define the juridical status of second-hand goods online trade platform.The third part differentiate the torts on second-hand goods online trade platform and e-commerce platform and prove that we can use the theories about e-commerce platform when we research second-hand goods online trade platform.The fourth part disscus whether the behavior of users are tort.The fifth part of this text disscus the reasons why the second-hand goods online trade platform should be responsible for the users' torts firstly and then use 'inform-delete'rule,'know' rule to affirm whether their behavior is tort about intellectual propert.Bye the way,this text give some suggestions about how to affirm the behaviors of second-hand goods online trade platform and their users.