Research On The Civil Liability Of Automobile Trademark Infringement

In the area of brand value has become increasingly prominent, some unscrupulous operators in the interest driven by desperation, dare to take the risk of infringement of trademark that market a variety of fake and shoddy products.This kind of behavior not only violated the exclusive right to use the trademark, but also damaged the interests of the consumers. As the car as a commodity, the consumer is not only related to the major property, while the car itself is driving force, the speed of personal safety is also very important. For the automobile trademark owners, if the cost of rights is higher than the interests of the loss, it will fight their own rights activist. Therefore, under the new situation of automobile trademark right were effectively protected, by quantifying the civil liability system is particularly necessary, the discretion of the judges in a convenient and appropriate constraint litigation practice, another convenient improve tort costs brought about by deterrence, attract automobile trademark rights activist, and ultimately achieve the benefit balance between the parties.This thesis consists of four parts. In the first part, the expression forms and characteristics of the automobile trademark and trademark infringement are stated, then the present situation and significance of the legislation of the protection of trademark are analyzed. The second part discusses the basic theory of the system of the principle of liability and defense, and lays a theoretical foundation for the civil liability system of the automobile trademark infringement. The third part discusses the way of civil liability of automobile trademark infringement in our country.In the fourth part, it firstly puts forward the defects of the civil liability system, which are classified as the main body of the automobile trademark infringement, and the legal compensation system can not play its due role;Then, on the basis of the analysis of the above problems, this paper puts forward the improvement suggestions, that is, how to define the legal compensation of the automobile trademark infringement subject and the quantification of the civil liability system and the compensation scope of the automobile enterprise goodwill.