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Indirect Infringement of trademark law on its laws applicable

Author: QiuBo
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Trademark Infringement Indirect Infringement Contributory Infringement Joint and Several Liability
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Under the current social and economic conditions, commodity competition intensified, the value of trademarks have gradually been demonstrated in the market. In the modern market economy, trademark infringement which is one of the major violations is disrupting the market economic order, resulting in bad influence to China’s economic stability and development. China’s existing laws and regulations, including the "Trademark Law" "Trademark Law Implementing Regulations" and related judicial interpretations, are focusing on explicit trademark infringement for making the relevant provisions. However only a few words in the law regulate the supporting acts.As the study subject in this paper, the author mainly elaborate indirect trademark infringement from the theoretical level and the level of judicial practice, and then combine the two parts to form a totally organic whole. The basic theory of tort law and intellectual property law are the starting points. Exploring better solutions, the author had compared the laws and the typical cases of China. By comparison, we try to make solutions for the problems for our country. This article mainly focus on legal issues related to indirect trademark infringement by studying and referring to the current domestic and international academic monographs, academic and related websites, and analyzes the cases of indirect trademark infringement in the domestic courts and foreign courts. The main results are:1. Through the discussion on the basic theory and the standard of indirect trademark infringement, the author further elaborated the legal basis of indirect trademark infringement, which leads to the conclusion that indirect infringement is a common infringement.2. From a comparative law perspective, the author has studied foreign legislative and judicial status by examining the foreign theory and practice.3. Discussion the constitute elements of indirect infringement of trademark, we can conclude how to identify "direct infringement" and "indirect infringement".4. By discussing the problem of indirect trademark infringement lawsuits, it is necessary to understand joint action and the common joint action clarifying the object of action is separable or inseparable.The innovation of this paper are:(1) concerning the issue of indirect infringement of trademarks, the academic results is still small, it is still a new field; (2) attempting to put " Tort Law "as a starting point to discuss the issue of trademark infringement, changing the past narrow perspective to think more comprehensively from a broader vision; (3) conforming to our country knowledge property strategy is the urgent need, exploring new legal issues related to trademark infringement, from the theoretical and practical perspective of intellectual property development strategy.

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