1. Liability of Internet Service Providers in Trademark Infringement Internet trading platform service providers refer to computer network systems that provide cyberspace, technology and transaction services for various online transactions. In practice, most online trading platform providers have not directly participated in infringement activities, so courts often rely on the theory of indirect infringement to determine whether they infringe, that is, whether the online trading platform service provider has induced, instigated, or intentionally helped others to commit direct infringement. Indirect tort liability mainly includes two categories: vicarious tort liability and auxiliary tort liability. (1) Subrogated infringement liability Subrogated infringement means that although the actor did not personally commit the direct infringement, he has the ability and right to supervise the behavior of others, but fails to discover and effectively stop the infringement of others in a timely manner, and obtains direct economic benefits from it. of infringement. In practice, the subrogated infringer has the right and ability to supervise the direct infringer's infringement and obtain direct benefits from it, which is an essential condition for assuming vicarious liability. The author believes that the law should not require online trading platform providers to bear monitoring obligations. The reasons are as follows: 1) Online trading platform providers provide transaction parties with information release, information transfer, contract conclusion and custody services necessary for concluding online transaction contracts. They do not participate in specific transactions, but only provide a platform for transaction parties. It is a publishing platform for product or service information, so the online trading platform provider is a passive network service provider rather than a content provider; 2) Faced with hundreds of millions of product lists on the Internet, online trading platform providers are required to list them one by one Conducting a review is time-consuming, laborious and expensive, and it is also impossible to do. If the law stipulates that online trading platform providers have monitoring obligations, it will greatly increase the cost of online transactions, reduce the efficiency of online transactions, and eventually lead to the collapse of some auction websites. Even if the online trading platform provider arranges a large number of employees to monitor the network and review each product, it cannot accurately determine the authenticity of each product like the trademark owner. Therefore, it is not realistic to require online trading platform providers to assume monitoring obligations. Regarding whether the perpetrator has obtained direct economic benefits, some scholars believe that the online trading platform service provider has agreed with the seller of the goods in advance that when the goods are sold, the settlement system of the online trading platform will automatically deduct a certain percentage of the payment as In return for services, this fee is in nature a fee for providing network information services, rather than a share of the sale of goods. Therefore, they cannot be considered to have obtained direct economic benefits. (2) Liability for auxiliary infringement The condition for assuming liability for auxiliary infringement is that the actor knows that others are committing direct infringement and helps the act. Knowing is a subjective psychological state, including two states: knowing and should know. The so-called knowing, that is, actually knowing, has two meanings: 1) being directly and clearly aware of a certain fact or situation; 2) being aware of certain information or situations that would cause an average reasonable person to further explore the facts. or query. In other words, the perpetrator has clearly understood the specific facts of the infringement. The so-called should know refers to presumed knowledge, that is, for a fact that someone can understand based on reasonable attention, the law presumes that he should and has understood the fact, regardless of whether he actually knows it. In other words, if a reasonable person can discover the fact of infringement after exercising his duty of care, it is legally presumed that he should have known the fact of infringement. This is the standard for attributable fault.

2. What are the types of Internet infringement? Internet users use the Internet to infringe on the civil rights of others, which can be roughly divided into the following types: (1) Infringement of personality rights. The main manifestations are: 1. Stealing or counterfeiting other people's names, infringing the right of name; 2. Using other people's portraits without permission, infringing the right of portrait; 3. Publishing articles that attack or slander others, infringing the right of reputation; 4. Illegal intrusion into other people's computers , illegally intercepting information transmitted by others, disclosing other people's personal information without authorization, sending large amounts of spam, and infringing on privacy rights. The increasingly developed Internet has played a role in condemning uncivilized and immoral phenomena in society to a certain extent. However, due to the lack of necessary legal regulations, is the behavior of human flesh search legal? How to determine the leakage of network information? The "Tort Liability Law" stipulates for the first time Liability for online infringement. The regulations later clarified that network users and network service providers who use the Internet to infringe on the civil rights of others should bear infringement liability and stipulate handling principles, filling the gap in online infringement of other people's reputation rights.

Typical case: Not long ago, a post about the Zhengzhou police’s anti-pornography campaign was circulated on the Internet. It included multiple photos and a video of on-site investigations into pornographic establishments, and even nude photos of prostitutes. In an era when the Internet is prevalent, how to protect the legitimate rights of the public? How should the Internet as a communication medium be regulated? As we all know, the videos and photos in this case involve privacy rights. Netizens knowingly posted them publicly, but the website knew about this but did not take any measures. . For such infringement of the civil rights of others, netizens and websites should bear joint liability for compensation. (2) It infringes upon property interests. Based on the convenience and commercial nature of network activities, it is common to infringe on property interests through the Internet, such as stealing funds from other people's online bank accounts. The most typical is infringement of online virtual property, such as stealing other people's online game equipment, virtual currencies, etc. . (3) It is an infringement of intellectual property rights. The main manifestations are infringement of other people's copyrights and trademark rights: 1. Copyright infringement. Such as digitally transmitting other people's works without authorization, circumventing technical measures, infringing on databases, etc. 2. Infringement of trademark rights. For example, using someone else's trademark on a website, deliberately misleading consumers into thinking that the website is the trademark owner's website, maliciously registering a domain name that is the same or similar to someone else's trademark, etc. Article 36 of the "Tort Liability Law of the People's Republic of China" Internet users and network service providers who use the Internet to infringe the civil rights and interests of others shall bear tort liability. If readers need legal help, they are welcome to seek legal consultation. Warm reminder: The Civil Code will be officially implemented on January 1, 2021. The Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, etc. The General Provisions of the Civil Law shall be repealed at the same time. If you are involved in infringement issues stipulated in the Civil Code# click here # to view! If you need help, you can #consult an infringement lawyer#