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Typed Analysis and Legal Regulation of the Trademark Infringement Under the Network Environment

Author: ZengTian
Tutor: LuoYuZhong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Trademark infringement Typed analysis Tort Liability
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 91
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Abstract

The rapid development of information technology in the social network space into a new market economy, while the traditional laws to regulate economic operation a huge challenge. The face of the network environment in various forms, technical complexity of trademark infringement, trademark traditional trademark law enacted legal system has been very difficult to play out the utility of trademark protection network environment. Network environment, new problems currently facing our traditional trademark law, we expect that with the type of analysis to seek ways and means to solve. Therefore, the article as an object to the trademark under the network environment, the comparative analysis of its characteristics different from the traditional trademark; then categorized the trademark infringement in the current network environment, in order to meet the needs of different analysis requires different classification in the on the identified infringement analysis, behavior responsibility for analysis, legislative protection, with the help of some of the cases and theoretical research, to find where the defects of traditional trademark law; then in accordance with the type of results orderly principles of analysis, to find the problem Finally, the root cause of the occurrence; perfect problem for trademark protection in the network environment in China and its legal regulation, to make some personal recommendations from the macro-structure to micro. Text a total of four parts. Overview trademark infringement of the first part of the network environment. Briefly discusses the concept of traditional trademark infringement, trademark violations under the network environment is drawn against the unique characteristics of the consequences to the ways and acts of infringement subject, the object of conduct, behavior, means to compare the analysis. The second part is divided into trademark infringement and Classification of the network environment. First, discusses the identification of trademark infringement in the network environment standards and important factors clear how to judge certain acts of trademark infringement under the network environment. Discussed in detail in the discussion of the \, Respectively, then discusses several specific trademark infringement in the network environment, the brief introduction to the meaning of these behaviors. Finally, on the basis of the discussion in the front of the network environment, under the trademark infringement typed classification of macro and micro, focusing on different network trademark infringement the use of specific methods, means or ways classified and collated the corresponding subdivision Table 2-1. The third part is the analysis of trademark infringement liability under the network environment. This part discusses the Principles of Responsibility determine responsibility for the analysis of the constituent elements of the rational use of the special case of the well-known trademarks analysis, and the focus of this chapter, the analysis of the responsibility for the specific type of commitment, and responsibility to assume the form of analysis. Responsibility for the specific type of analysis undertaken in the study was a specific commitment to the body of the three categories of trademark infringement liability under the network environment, including specific manifestations of various subjects in imputation, imputation principle applies, responsibility composition elements and content, and made be summed in Table 3-1. Article last part of trademark protection under the network environment in China and its infringement dispute laws made perfect. The part on the basis of analysis of our current problems in network environments trademark protection and its legal regulation which put forward a few suggestions to improve our network environment under trademark protection and its legal regulation. Suggestions were involved from the macro-structure to micro broadly include amendments to the provision of legal protection mode optimization, technical specifications supporting the need for the comprehensive nature of the protection of legal regulation and the importance of the five major aspects of international regulatory standards.

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