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Search engines trademark infringement and Responsibility

Author: YuanZuo
Tutor: LaiXiaoPeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: search engine trademark infringement determine the liability
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 98
Quote: 0
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Abstract


With the rapid development of internet technology and the ever increasing popularity the internet gains, the disputes between the services provided by search engine on the internet and related trademark rights are drawing more and more concerns from the industry, scholars and judges. Under what conditions services provided by search engine on the internet infringe related trademark rights? How the liabilities should be determined? Currently, both theories and practices differ greatly in various jurisdictions in the world. The World Intellectual Property Organization is also exploring this issue.This essay tries to answer these questions. Through analyzing the concept and the types of search engine services, it compared a number of cases on Meta-tag, Pop-up advertising and Key-words advertising ruled by 5 jurisdictions, namely: American, German, British, European and Chinese courts. On this basis, it touches upon the issue on how to determine the liability of the search engine and the advertiser.There are 3 chapters, approximately 31,000 words.

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