The Economic Analysis of the Legal Issue in the Trademark Law- A Case study of Keyword Advertising on the Internet

• Main Authors: Shun-Cheng Chuang, 莊順丞
• Other Authors: Chung-Jen Cheng
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/55fu2s

碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 102 === According to the development of Internet technology, the new advertising behaviors are being applied on the Internet. Furthermore, it has become a serious legal issue in the trademark law. The key point of this thesis is the legal economic analysis of keyword advertising on the Internet. Recently, the trademark proprietors filed trademark lawsuits against the internet service providers and the business competitors who use their trademarks on keyword advertising in the United States and Taiwan. However, there isn't any final judgment which points out that using others’ trademarks for keyword advertising on the Internet is trademark infringement. Moreover, using the others’ trademarks for keyword advertising on the Internet has a negative effect on competitive markets and causes economic inefficiency. This research is based on analyzing costs of trademark proprietors, infringers and consumers. The results of this study found that using others’ trademarks for keyword advertising could cause asymmetric information and externalities in the competitive markets. Therefore, a suggestion based on this research is that the Trademark Compulsory License could be a better way to solve economic problems and balance costs of trademark proprietors, infringers and consumers.