商标侵权纠纷中市场开办者的责任认定

Responsibility of the Market Owners in Trademark Infringement

市场开办者法律责任的认定不仅关系到商标权的保护,更关系到商场等服务行业的发展。然而,商标侵权纠纷中市场开办者的责任如何认定我国法律尚未做出明确的规定,如何处理此类案件理论及实务界均存在争议。本文在收集我国法院已经做出的部分判决的基础上,通过评析既有判决在法律适用方面存在的问题,进而评介、借鉴美国等主要国家的相关法律制度和实践,提出我国商标侵权纠纷认定市场开办者法律责任的法律依据及具体的认定标准。

The legal responsibility recognition of the market owners is not only related to the protection of trademarkrights, but also the development of service industries, such as shopping malls, however, how to recognize the mar-ket owners responsibility in the trademark infringement disputes, law of our country has not made clear rules, howto deal with such cases are controversial in theory and practice. On the basis of part of the sentence which has beenmade in China court, this paper, reviews the legal application problems, refer to the relevant legal system andpractice of main countries such as America, put forward the legal basis and specific standards of market owners le-gal liability in trademark infringement disputes.