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应用程序平台经营者作为网络服务提供者,在经营中应尽到与其提供的网络服务相适应的注意义务。在接到商标权人发出的侵权通知后,应用程序平台经营者采取的措施应足以制止侵权后果进一步扩大,其不仅应针对已经存在的侵权内容采取删除等措施,还负有防止同一网络用户重复实施侵权行为的注意义务,并应就此采取相应的合理防范措施。否则,其应就损害的扩大部分与直接实施侵权行为的平台用户承担连带赔偿责任。
Application platform operators as network service providers, in the operation should be made to provide network services to meet the corresponding obligations of care. After receiving the notice of infringement issued by the trademark owner, the measures taken by the application platform operator should be sufficient to stop the further expansion of the infringement consequences. It should not only take measures such as deleting the existing infringing content, but also prevent the same network user from repeating Attention should be paid to the implementation of the infringement act, and correspondingly reasonable precautionary measures should be taken accordingly. Otherwise, it should bear joint and several liability for compensation for the enlarged part of the damage and the platform users who directly infringe the act.