On the Trademark Infringement Liability of Network Broadcast Platform

Abstract

As the media of live broadcasting, the network broadcast platform bears the corresponding legal responsibility for the illegal acts of trademark infringement. However, due to the particularity of its operation, there are problems with the scope of pre-infringement obligations and the assumption of post-infringement liabilities. The reasons can be seen as the particularity of the nature of the aid-type platform, the lack of any distinction between the platform’s reasonable duty of care of the live broadcast mode compared with the traditional e-commerce platform, and the contradictions between the immediate occurrence of network broadcast and the lag of platform supervision, which jointly cause the current dilemma. In this regard, based on the theoretical and legal basis, the liability analysis and regulation of trademark infringement on live broadcasting platforms can be improved from three aspects: the responsibility of assisted live broadcasting platforms, the boundary of reasonable obligations of live broadcasting platforms, and the regulatory system.