| Summary: | 碩士 === 逢甲大學 === 財經法律研究所 === 104 === The technological advancement and popularization of internet brings great convenience to the access and circulation of information, it also convey rapid growth to the e-commerce industry. With the smart phone and APP software, limitless business opportunities are created, furthermore, huge potential benefits attracted large number of investors. However, the online transaction platform has also become the best highway for counterfeit goods to circulate around the world.
When the counterfeit goods sold on the online transaction platform (for example: internet auction website), it may probably cause the trademark proprietor’s goodwill to be damaged and course likelihood of confusion to the consumers. These disputes involved three parties: online transaction platform, trademark proprietor and online transaction platform users (consumers). Should the online transaction platform liable for the selling of counterfeiting goods in its website? Or because the online transaction platform is purely act as an agent thus not liable? Or the online transaction platform is not directly liable but has limited duty to oversight the transaction? As relevant dispute arise massively, it is vital to study more on this issue.
Because there are no direct laws, regulations or court judgments concerning the above issue in Taiwan, therefore, this thesis will firstly survey on the related laws, regulations, cases and legal theories in European Union and China. Secondly, this thesis analysis the possibility to apply Taiwan’s Civil law, Consumer Protection Act, Fair Trade Act and Copyright Act to this problem. Thirdly, this thesis adopt survey questionnaire to understand the general public’s notion on this issue. Finally, I conclude the previous discussions and try to provide suggestions about responsibility of online transaction platform.
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