Research on Indirect Infringement of the Trademark
|School||Southwest University of Political Science|
|Keywords||indirect infringement of the trademark infringement together direct infringement Constituent Elements Improvement of legislation|
At the prosperity of the socialist market economy, the world trend of economic integration in the context of obviously day by day, and many huge market appeal and potential competitiveness of a number of well-known trademarks as a manufacturer of goods the subject of imitation or even counterfeit,many new types of trademark infringement have been happened,that One person don’t infringe the exclusive right of others’ directly, but abetting ,inducing or helping others to finish direct infringement behavior. In order to strengthen the protection of intellectual property many developed countries are clearly established the rules of "indirect infringement"。Indirect infringement is established in trademark law, not only to expand the scope of the protection of trade mark, but also make clear boundary between direct infringement and indirect infringement, the scope of direct infringement is not expansion unreasonable can prevent the emergence of the phenomenon that the level of protecting trademark, so that the interests can receive a balance state on the whole. The rule of "indirect infringement" was initially regulated in P.R.C in 2002,And yet not only are the inner meanings behind the "indirect infringement" beyond the coverage of existing legal article, but also the practice of law and further discussions on the subject of indirectly infringing the trademark ware traditionally followed with infringement together standards, many problems fail to be solved properly, indirect infringement is very urgency and necessary to the request of China’s social.Based upon the indirect infringement theory, the thesis will combine cases and theories to research the indirect infringement of trademark .First of all, make a point through a typical case, make comparison between trademark indirect infringement and those systems that related to indirect infringement in-depth, Secondly reconstruct the division standard of trade mark infringement. Then collate and analyze the constituent elements and forms of the indirect infringement of trademark, point the rules to identify the elements. Finally, put forward some suggestions to improve China’s trademark legislation according to analysis the legislative situation in our country.