The third part examines the judicial interpretations of trademark and anti-counterfeiting laws in France, Germany and the United States, the implications of these decisions on online auction providers. Analyzes the court's opinion in the case, especially the issue of the defendant's knowledge, and how to assess allocation of the burden of policing websites for infringing activity. Firstly, analyzes the anti-counterfeiting legislation and indirect related trademark infringement cases of United States. Secondly, analyzes the anti-counterfeiting legislation and the cases of French famous luxury brand owers case and eBay in France. Thirdly, analyzes the anti-counterfeiting legislation of Germany and Belgium, and the cases of Rolex v. Ricardo.de in Germany and Lancôme v. eBay in Belgium. Discusses how courts in United States, France, German and Belgium handle counterfeit product availability on publicly accessible websites and compares and contrasts the findings of the courts and the possible effects.Finally, draws a conclusion that the trademark owners and online auction providers should work together to develop search programs, and the system for indirect trademark infringement should be modified to banlance the interests of tradmark owers and online auction providers.
The fourth part points out the deficiency of the system of indirect trademark infringement in our country and provids some suggestions for improvement. Firstly, discusses the status and deficiency of indirect trademark infringement: confusion is not in the leading position in confirming indirect trademark infringement; rules in constructive conditions of indirect trademark infringement is not clear; there is no provisions of indirect trademark infringement under network environments and no Online Transactions Law .Finally, provids some suggestions for improvement: make sure confusion is in the leading position in confirming indirect trademark infringement; make definite rules in constructive conditions of indirect trademark infringement; establish the rules of indirect trademark infringement under network environments and enact Online Transactions Law.
Key Words: online auction；tradmark infringement；indirect tradmark infrigement
目 录
引言 1
第一章 在线交易中的商标间接侵权现状 2
第一节 在线交易市场现状分析 2
一、在线交易市场的机遇 2
二、在线交易市场的挑战 3
第二节 在线交
