Research On Legal Protection Of Commercial Trademarks In Live Commerce

Live commerce,as a new form of business in the field of e-commerce,is popular in every network platform and popular with consumers.Live commerce completely broke the traditional shopping mode,further stimulate online shopping consumption,and it can quickly converge the flow and make capital available.Compared with the traditional shopping mode,live commerce has the characteristics of real-time interaction,multi-subject and so on,therefore,while driving the development of e-commerce economy,it also makes it more difficult to protect intellectual property rights,erroneous practices such as trademarks infringement,commercial logos counterfeiting are more difficult to regulate,bring serious challenges to the existing legal system.In the era of digital economy,commercial trademark is the core chip of market competition and the key representation of brand image.The protection of commercial trademark in the field of live commerce is different from it in the general sense.On the one hand,the emergence of live commerce make the business logo cohesion of goodwill into the crisis of easy to be stolen,it is because people can make a quick profit by attaching goodwill on the network,it is difficult to catch evidence of concealment in cyberspace,supervision is lax and the cost of breaking the law is too low.On the other hand,the protection of commercial trademark in this area has become more difficult.First,it is an extension of intellectual property rights in the network field,involving the convergence of multiple laws,making the application of law complicated.Secondly,it is difficult for traditional legal norms,judicial trials and industrial supervision modes to effectively regulate the problem of commercial signs in this field,resulting in disputes that are not easy to solve and illegal phenomena are repeatedly forbidden.This thesis studies the legal protection of commercial trademarks in live commerce.Based on the particularity of commercial trademarks protection under the new business form of live commerce,analyzes the problems of trademarks infringement and commercial logos counterfeiting,points out the shortcomings of the legal protection system in this field.Based on different business models and behavior types,sorts out the legal relations and rights and responsibilities of each subject.Then,in view of the existing problems,the following suggestions are put forward from the perspectives of legal regulation and platform supervision:First,clarify the application path of multiple laws.In order to make multiple laws apply in concert,a two-step approach is proposed:First,the Trademark Law,Anti-Unfair Competition Law and other intellectual property related legislation are used to legally characterize the illegal acts.Based on the identity of the legal subject involved in the case,the specific provisions of the Civil Code,the E-commerce Law and other network related legislation are clearly applied.Second,in terms of judicial protection,referring to foreign legislation and judicial precedents,clarifies the key attention factors in the judgment standard of commercial trademarks confusion in our country’s live commerce,the theory of initial interest confusion is applied under finite conditions.Third,it is necessary to enhance the connection between the standards of live-streaming platforms and laws,and strengthen the coordination and cooperation between platform supervision and legal protection of commercial trademarks.Finally,optimize the governance system of commercial trademarks on live-streaming platforms,for example,improve the "trademark brand record system",achieve intelligent management of business signs by using modern technology.