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Trademarks indirect infringement

Author: HuaiLei
Tutor: PanWeiJie
School: Fudan University
Course: Legal
Keywords: Trademark Intellectual property rights Indirect Infringement
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 113
Quote: 2
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Abstract


China's rapid economic development , comprehensive national strength gradually increased , the rapid social life , in this context , the lag of the law is especially pronounced . The lack of legal regulations , many new issues such as indirect infringement of the trademark , then , in the face of such objective problems already , only to discover is the key to solve the problem and make reasonable provisions . Mainly been investigated from the judicial practice of the two types of the main body of the Trademark Infringement Liability cases venue providers , service providers and search engines to start the analysis from the source of indirect infringement of our trademark and existing development , on this basis, certainly in direct infringement , the need to pursue such third-party tort liability , but the existing judgments grounds due to the lack of a legal basis for unreasonable , therefore, put forward should be learning trademarks indirect infringement most comprehensive national development - a trademark of the United States indirectly tort system and a full analysis on the basis of its own circumstances , indirect infringement of our trademark as soon as possible to develop the legal system . This paper is divided into four parts : The first part describes the origins of the first to be identified as trademarks indirect infringement cases , trademark indirect infringement , then indirect infringement of the trademark as a clue to the occurrence of the case , certainly investigated trademark infringement Liability necessity and significance for improving China 's trademark Law . The second part gives concept of trademarks indirect infringement , the legal definition of behavior , the type of the emergence and development of a system of indirect infringement of trademark , most reference countries indirect trademark infringement legal system are introduced in detail . The third part introduces the first of indirect infringement in dealing with trademark applicable legal basis , and a summary of the rules applicable to the process of the case , a detailed analysis of the flaws in dealing with problems in turn for China's current situation . The fourth part in the full analysis on the basis of China's trademark infringement column indirectly , and study abroad for the understanding of the indirect infringement of trademark and regulations , affirmed the independence of indirect infringement of the trademark , the creation of specific legal regime of the trademarks of indirect infringement give their point of view , I hope indirect trademark infringement as soon as possible can be institutionalized and legalized .

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