The Legal Regulating Of The Theory Of Trademark Reverse Confusion

With the rapid development of economy, the knowledge economy has been the speed ofdevelopment. Business use of their intellectual property, publicity and more attention. As anenterprise or product label-trademark, it is the most direct business to get attention. But aswe know, when the speed of economic development, and related conflicts will also becomeincreasingly prominent, the trademark as a business or enterprise product labeling, due to hisextremely repetitive imitative, trademarks and registered on driven away because of theeconomic interests of trademark infringement, so in recent years, the increasing cases oftrademark infringement. General trademark infringement, and we are very easy to understand,in short, is a small business using a large business enterprise value of the trademark,"freerider" to sell their products, the most direct harm this behavior is due to differences in productsex, belittle the value of the trademark owner of the trademark, the trademark owner to causedirect economic losses and loss of intangible property. However, in recent years in our country,but also showing the trademark infringement in such a form, the big companies use atrademark product of small business promotion, some enterprises in trademark publicity,making the average consumer is considered big business trademark of the trademark owner,while small businesses use the trademark trademark of big business, which is what we callreverse confusion trademark infringement. As China’s economic development, the reverseconfusion case occurs frequently in our country, the relevant legislation does not give enoughattention to this, the relevant judicial practice has no relevant legal support. Although China’sacademic circles to be deeply discussed, but, in theory still did not have the authority to forma system. In order to solve the economic development of trademark infringement disputesreverse confusion, we should form a system of academia, there are theoretical authority topromote the early realization of the legislation, in order to effectively solve practicalproblems.In this paper, a comparative analysis, value analysis to explore and empirical analysismethod to study, designed to the actual situation and judicial practice in China at this stage,based on the use of legal theory, comparative legislative, judicial status quo at home andabroad, pointing out that in our country trademark legislation reverse confusion, lack of judicial practice, for our system of regulation trademark infringement reverse confusion, andprovide some suggestions. In order to protect the interests of trademark owners in favor ofbetter. This paper is divided into five parts:The first part is the introduction, the main problem is that the introduction of thebackground, significance, research methods and current research and innovation point of thisarticle. This part is the basis of the entire article, from the content of his research methods andother aspects of the status quo at home and abroad to guide the thinking of the entire article.The second part is mainly about the definition of reverse confusion trademarkinfringement. This section focuses on the concepts and features the trademark reverseconfusion. By understanding the concept, and our basic trademark reverse confusion have abasic understanding, understand why we put such a topic, and to bring the reality of the needfor this topic. Through the feature presentation, we understand in more detail the trademarkreverse confusion, for trademark infringement reverse confusion have a further understanding.At the same time through the introduction of this section, and also provides a theoretical basisfor the following discussion.The third part, from foreign regulatory trademark reverse confusion and legislativeaspects of the case were we can learn in detail. Through this section, we understand Japan, US,EU and WTO regulations in this area will help us to learn, to improve our legislation.The fourth section describes the current situation of reverse confusion trademarkinfringement legal regulation. This section describes the significant infringement of trademarkreverse confusion status and system defects. From legislation on the status of a trademarkreverse confusion and the status quo of China’s judicial practice, from trademark infringementreverse confusion defects identified on the reverse confusion defects and other aspects of theinfringement on the shoulder, let us on the status of our trademark reverse confusion there anunderstanding. The development of the theory of the development of requirements and reflectthe reality, so that part is a realistic basis for our theoretical research.The fifth part is the core part of the entire article, by the above discussion chapters, thischapter finds focus from trademark infringement reverse confusion, trademark reverseconfusion of responsibilities and commitment to respect and trademark infringement defenseswere reverse confusion exposition. Emphasis, when recognized trademark infringement reverse confusion, through an integrated consideration of the objective and subjectiveconditions and defenses, and to determine whether its recognized trademark infringementreverse confusion; after a finding of trademark infringement reverse confusion, in theresponsibility, but also the integrated use of non-property class civil liability and propertyclass civil liability for trademark infringement to be a fair man, a reasonable punishment,intended to achieve a balance of interests, to achieve protection rights. But also in relatedfields to enrich our theory provides a theoretical basis for our legislation.