오픈마켓에서 위조상품 판매에 따른 오픈마켓사업자의 책임

Abstract

Open(Internet-based) marketplace that allows those who register with it to purchase goods from and sell goods to one another. It connects buyers and sellers and enables transactions, which are carried out directly between open marketplace members. Thus, open marketplace provider generally does not know whether or when an item is delivered to the buyer. Open marketplace provider does not itself sell the items listed for sale on the site. Open marketplace is sometimes employed by users as a means to perpetrate fraud by selling counterfeit goods. Open marketplace provider obtains direct and indirect financial benefits by creating and managing such business. Thus, since he can cope with such danger effectively, the view that he has the duty of care for proper management of internet-based transactions space to avoid invasion corresponds with the conception of reasonable equity and justice. In light of response of both parties related to transactions material such as counterfeit goods uploadings purpose, upload period, method, degree of damage, relation between seller and trademark holder, objection and deletion request, etc. It is reasonable to limit the open marketplace provider's deletion duty of counterfeit goods, barring special circumstances, to where the open marketplace provider received deletion request for concretely and separately specified counterfeit goods from the trademark holder; furthermore, the existence of counterfeit goods unlawfulness in uploadings is obviously recognized, and such measure of deletion, etc. is possible technologically and economically. Open marketplace provider intentionally induces another to infringe a trademark, or continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, is contributorially liable for any injury.