| At the same time,the convenience and virtuality of online transaction make online shopping service providers become the disaster area of trademark infringement,so it is urgent to solve the increasingly serious trademark infringement problem on online shopping platform.In this paper,empirical analysis,comparative research,normative research and other research methods are used to explore the infringement of trademark rights by online shopping service providers.This paper is divided into four parts.The first part is a brief introduction of the basic cases.The three focuses of this paper are drawn from two cases in which the judgment results of trademark infringement of online shopping service provider are totally different.They are the type of infringement liability of online shopping service provider,whether the online shopping service provider constitutes infringement,and whether the online shopping service provider should undertake the infringement liability The second part focuses on the specific analysis of the first focus,through identifying the legal status of online shopping service providers,and then discusses the type of infringement liability of online shopping service providers as indirect trademark infringement rather than joint infringement;the third part is the specific analysis of the second focus,focusing on the analysis of Online shopping service providers The fourth part is the specific analysis of the third focus,which mainly discusses the types of liability and the main ways of bearing the liability.The last part is the conclusion,which is mainly based on the summary of the whole paper,aiming at our country In order to provide theoretical basis for judicial practice to hear such cases,unify judicial trial standards,and realize the fairness and justice of various interest subjects in the trademark infringement of online shopping service providers,so as to solve the different judgments of the same or similar cases Solve the problem of results. |
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