The Abuse Of Trademark Rights And Its Antimonopoly Regulation

In resent study and judicial practice, the protection of trademark rights seems to be more and more important. But, the excessive protection will cause the abuse of trademark rights. Although, Chinese academic circles began their studies on abuse of intellectual property right since 1980s, most of their studies are focus on abuse of intellectual property right and patent right up to now. Even though few studies have recognized the significance of the issue on abuse of trademark rights, they haven't have research on antimonopoly regulation of it, unfortunately. This essay is willing to research on this issue, meanwhile, discuss the issue of how the antitrust laws run in trademark right abuse. This essay includes four sections:Section One:the boundaries of trademark right abuse. We must formulate the boundaries of trademark right before regulating abuse of trademark right. Firstly, this section deals with the problem of essence to trademark right. Then, this section analyzes the value of trademark right system. Trademark right should include:the right of trademark use, the right of forbidding, the right of transferring, and the right of permission.Section Two:How to define trademark right abuse. We should make sure that which kind of trademark right is used could be abusing. This essay deems that those who misuse the right of forbidding, the right of transferring, and the right of permission could be thought as trademark right abuse. Furthermore, if someone abuses his trademark right, but there aren't any consequences, this mustn't be thought as trademark abuse.Section Three:the antimonopoly regulation of trademark abuse. The premise of trademark right abuse is that we cannot use the principles of forbidding misuse right on civil law to regulate trademark right abuse. There is a distinction between two principles. That we use the principles of forbidding misuse right on civil law to regulate trademark right abuse won't do or work.This essay holds that the legal system of regulation to trademark abuse is composed of trademark law and antitrust law.Section Four:proposal for improve Chinese antitrust law on regulation to trademark abuse. Firstly, the author brings up defects of the antitrust law of the 55th. Secondly, the author recommends perfecting the article.