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Research on the Indirect Infringement Liability of Internet Trademark

Author: LiuXiaoLiang
Tutor: LiuYing
School: Jinan University
Course: Civil and Commercial Law
Keywords: ACTA Indirect infringement liability of trademark Enforcementof intellectual property rights Balance of interests
CLC: D923.43
Type: Master's thesis
Year: 2013
Downloads: 52
Quote: 0
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Abstract


ACTA(Anti-Counterfeiting Trade Agreement)is the latest development inthe protection of IPR(Intellectual property rights), concluded by the UnitedStates of America, the European Union, Japan and other IP power countries in2011and focusing on the enforcement of IPR. The Convention presents newstandards including civil, criminal and digital environment law measures for theenforcement of IPR. The requirement of ACTA surpasses the standard of TRIPSand China’s IP law. The biased arrangements of IP enforcement measures attackthe balance of IP. With the rapid development of e-commerce, Internettrademark infringement appears frequently, ISP (Internet service provider) isinvolved in disputes of Internet trademark infringement is charged with indirectinfringement liability. The enforcement standards of IPR improved by ACTAaffect the infringement liability of the ISP and the expansion of IPR squeezes thepublic liberty, which is not conducive to the development of Internet. AlthoughACTA are resisted in developed countries, it is necessary to pay attention to theinternational protection of IPR trend that ACTA presents. The research onACTA will help us understanding correctly and arranging reasonable therelationship between enforcement measures of IPR and the indirect infringementliability of Internet trademark for ISP.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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