A Study On The Infringement Of Trademarks In Shanghai Free Trade Area

In this paper, the object "Shanghai FTZ transit goods" takes a wide range of meaning in China’s broad interpretation of "Customs Law" provisions, which means free trade zone in Shanghai transit of cargo transshipment and through. Shanghai FTZ belongs to the territory of a country’s free trade zone (FTZ), with the "open line, second-line tube to live" feature, is a close supervision of the customs "customs territory within the" area under. For temporary transit cargo trademark infringement, its particularity is mainly reflected in two aspects:First, the customs border enforcement trademark, and second, determination and application of the law of trademark infringement. Shanghai trade zone supervision of goods in transit trademarks and trademark system based primarily on domestic customs law system. Whether goods in transit constitute trademark infringement, the main point of contention is twofold:Firstly, what is the "trademark use"? Trademarks used on goods in transit and have identical or similar registered trademarks, constitutes "trademark use"? Secondly, how to define "cause confusion"? Trademarks used on transit cargo and registered trademarks approximation constitutes "cause confusion"? In this regard, the EU focuses on the use of the trademark confusion theory of trademark infringement in the transit of goods in the customs and the court finds that, while the US judicial recognition and enforcement of standards is relatively simple and loose, trademark enforcement for goods in transit all in accordance with the relevant rules of "imports" were governed. FTZ trademark protection legal system is a multi-level, comprehensive legal system by the legislative, executive and judicial various aspects of composition. For all sectors improved and convergence, is the fundamental way to improve trademark protection FTZ implementation effect of the legal system. Explore FTZ transit cargo trademark protection legal system, not only based on the micro-level of trademark protection, but should look at the top-level design of the entire FTZ intellectual property system.