Current location - Trademark Inquiry Complete Network - Trademark registration - What responsibilities should network platform service providers bear in Internet-related trademark cases?
What responsibilities should network platform service providers bear in Internet-related trademark cases?

Based on the external relationship between merchants selling goods (hereinafter referred to as "sellers") and online platform service providers (hereinafter referred to as "platform service providers"), current online sales are mainly divided into two models : First, sellers build their own online service platforms to sell goods to unspecified buyers, such as JD.com, Amazon, etc. This model only involves sellers and buyers, so we should deal with illegal cases of trademark infringement in the transaction process of this model. , there is no substantial difference from handling ordinary trademark infringement cases. Another model is for sellers to sell goods to unspecified consumers (hereinafter referred to as buyers) through the Internet through platform service providers, such as Taobao. This model involves three parties: sellers, platform service providers, and buyers. In recent years, when dealing with trademark infringement cases that have emerged under this model, there is a certain amount of confusion and confusion regarding the determination of the parties responsible for the infringement, the subjective attitude of the platform service provider towards the infringement facts, and what obligations the platform service provider should fulfill before and after the event. dispute. On April 13, 2016, the Beijing High Court issued the "Beijing High Court's Guidelines for the Trial of Cases Involving Internet Intellectual Property Rights". Articles 17 to 28 of the Guidelines address doubtful issues that arise in the trial of cases involving Internet trademarks. The clear identification standards not only play a guiding role in judicial trial activities, but also play a great preventive role in online counterfeit sales, trademark infringement and other behaviors. This article will interpret the essence of the Guidelines based on typical cases of online trademark infringement in recent years.