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On the Legal Protection for the Trademark in the Electronic Commercial Environment

Author: WangZhi
Tutor: XuHaiYan
School: University of Foreign Trade and Economic
Course: International Law
Keywords: E-commerce Trademark infringement Trademark Protection
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 409
Quote: 2
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Abstract

The rapid development of Internet technology and universal application, promote the dissemination of information and economic development, and provides a new opportunity for the use of intellectual property and widely disseminated. However, the Internet has a global, real-time and interactive, the intellectual property rights of the original principles of law impacts and challenges, especially in the trademark infringement behavior is strong, a new subject to trademark protection. This article is to expand the analysis and discussion in this context, in order to further in-depth study of the legal protection of the trademark in the e-commerce environment. In this paper, a progressive structure is divided into five parts. The first part of the elaborate trademark infringement, the root cause, the basic characteristics of e-commerce; second part about the e-commerce and its legal environment, including the current e-commerce legislation; cited trademark infringement and regulation of all kinds of e-commerce; The fourth part of a comprehensive analysis of the content of building a legal system of trademark protection compatible with the e-commerce environment. The fifth part is the conclusion of this article. The following is a summary of the basic content of the paper. This paper argues that e-commerce is an extremely broad concept of an application, including a wide variety of commercial activities and business-related activities, epitaxial covering production, sales, services, and activities associated with such activities, even including management activities and business processes within the enterprise. This paper studies the legal protection of trademark rights in the Internet-based business environment. And compared to traditional trademark infringement, trademark infringement objects invisible, the uncertainty of the infringement locations, evidence of infringement easy loss characteristics such as e-commerce, not only the means of trademark infringement, the way the new changes, a series of questions and the use of e-commerce trademark infringement identified, trademark infringement jurisdictions, infringement damages calculation is different from the traditional trademark infringement. Trademark infringement in the form of e-commerce environment, such as malicious registered with the same or similar domain of well-known trademarks, cause related public trademarks are the source of the goods or services marked confusion, mistake. But this is only the traditional trademark use extension in the e-commerce environment, traditional trademark infringement in the field of e-commerce expansion, the two are essentially the same. Therefore, the identification of trademark infringement in the e-commerce environment should follow the same principle with the traditional trademark infringement. Mistaken, confused with specific criteria, the paper argues that there is no fundamental difference compared with the traditional trademark infringement, the degree of approximation of the trademark, and similar goods or services, and so on should be the focus of the factors, but not be able to whether a trademark approximate the same or similar goods or services as a necessary factor for trademark infringement judgment in the e-commerce environment, in certain circumstances, even if does not meet some of the \achieve this purpose decided by the basic functions of the protection of trade marks. The above view is the innovation of this paper. At the same time, to stop the \The so-called \The theory is especially important to stop the infringement on the network, is the basis of the delimitation of the reasonable range of trademark rights. \

On the Legal Protection for the Trademark in the Electronic Commercial Environment

Abstract

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