Situation Investigation And Countermeasures Of The Judgment Of Trademark Infringement In China

The value of the trademark is increasingly remarkable in social economy. Alongwith the increase of the number, the complex and diverse forms of trademarkinfringement, how to identify the trademark infringement has become a key forjudicial authority to judge the trademark infringement cases. The criterion forjudgment of trademark infringement in China began in Trademark Law of1982, wasnot revised substantially in Trademark Law of1993and Trademark Law of2001.These two revisions were largely affected by external pressure, rather than theprinciple of trademark law and national conditions. However, the revision ofTrademark Law in2011is the spontaneous behavior of under the intellectual propertystrategy, it is necessary to improve the relevant system not meet the nationalconditions and the international trend, deviate from the basic principle of trademarklaw.While the trademark tort is an important part of the trademark law, the subject,standards and factors are always difficult problems in judicial practice. This paperstudies on the application and operation of theory of trademark infringement, themeasurement of effectiveness of the implementation of the trademark law. At thesame time, by means of comparative research, the legal experience cognizance offoreign trademark infringement is summarized and analyzed. On this basis, the articleanalyses and criticizes the judgment of trademark infringement in China, finds theproblems and their reasons.The article summarized the legislation models of the trademark infringementjudgment in the world and the history of the trademark infringement judgment inChina. At present, there are three kinds of the legislation models of the trademarkinfringement judgment: enumeration type, general type and the two-track type. Fromthe history of the trademark infringement judgment in China, enumeration type isbeing used.Under this premise, the article empirically analyses the samples from the time andplace, subject and object, the judgment of the trademark infringement. In the part ofthe study on trademark infringement judgment, the subject, standards, factors andlaws are discussed in detail. Research shows that, the current number of cases oftrademark infringement in China is still in the growing stage, but the number oftrademark infringement judgment is relatively stable, the proportion of conciliation and the abandonment of action is increasing, and this trend is more obvious in thecoastal developed areas. In addition, the majority of the cases is infringement, whichmainly focuses on lawsuit between two organizations, organization and individual.Moreover, in China, the subject of trademark infringement judgment is still notstandardized, the standard is confused in logic, the judicial practice is confronted withproblems. The situation was still not resolved in the Amendment (Draft) ofTrademark Law.Therefore, the paper is the suggestion to perfect the system of the trademarkinfringement judgment in China from the subject, the standard, the factor. It proposesto unify and standardize the subject of trademark infringement, to take the "relevantpublic" as the subject and "the possibility of confusion" as the standard of trademarkinfringement judgment. At the same time, enhance operability through adding thefactors by issuing the judicial interpretation.