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Legal Research on Indirect Infringement of Trademark by Internet Service Provider

Author: JiaQingQing
Tutor: HeLianHong
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Internet service providers Indirect Infringement Constituent elements Note that the review of obligations
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 160
Quote: 3
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Abstract


With the rapid development of computer and communication technology , network violations continue to occur , spread to all areas of social life , the field of trademarks is no exception , facing challenges traditional trademark law . The rapid expansion of the damage caused by the network on trademark infringement and impact in cyberspace trademark rights of people to sue each trademark infringement in cyberspace is very difficult , then turned to the Internet service providers to seek relief . Therefore, the right found trademark infringement liability of Internet service providers , has a very important significance for the protection of the legitimate rights and interests of the trademark owner to maintain the normal order of network transactions . The infringement of the network service providers there is a difference between direct infringement and indirect infringement , indirect infringement of the trademark of Internet service providers , network service providers violations not directly related to the object of trademark protection , but for the third person direct the infringement provide convenient conditions , or cause direct infringement expansion behavior consciously or not directly involved in the infringement to the detriment of the legitimate interests of the trademark , indirect infringement is direct infringement continues or conditions . Internationally, the most representative is a U.S. trademark of indirect infringement theory , which comes from the field of indirect infringement of patent law and copyright law , and through a lot of precedents established indirect infringement criteria . The provisions of the lack of a relatively clear system in China, the legislative , judicial practice, there have been convicted on the basis and the results are inconsistent . Therefore, based on China's national conditions , to the interests of the parties to the main balance and coordination , to ensure the healthy and orderly development of e-commerce , on the basis of foreign legislation and judicial practice experience , we should : (1) clearly defined network service providers indirect trademark infringement ; (2) may reasonably require for the attention of the review obligations of network service providers ; (3) reference system of indirect copyright infringement , to develop network trademarks indirect infringement criteria ; ( 4) improve the network service providers trademarks indirect infringement liability limiting conditions.

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CLC: > Political, legal > Legal > Chinese law > China and France
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