Research On Fair Use System Of Trademark

Rational use of trademark as an important part of trademark infringement defense system,the essence of its defining standards for trademark infringement analysis is of vital significance.Construction of trademark fair use system designed to balance the trademark rights and the social public interest,At the same time improve the user infringement exception plea in the judicial practice.TRIPs agreement and other international treaty system of rational use of trademark has been regulation,the United States,the European Union,Japan and other countries and region international also explicitly stipulated in the trademark law of trademark fair use system,along with the rapid development of commodity economy in our country,the people of awareness of trademark rights,trademark infringement cases,domestic academic circles scholar calls to build the trademark reasonable use system,speed up resolution of the trademark fair use system concept is not clear and the scope is not unified,even the standard difference is big,and many other problems.In the trademark law,fair use system in China,the status quo of legislation on blank,the rational use of the trademarks into the scope of the trademark law,it is urgent.Build accord with our country market development present situation of trademark fair use system,whichcan provide clear legal basis for the judicial practice,further build the stable market order and fair competition environment.to speed up the economic development of China and the world economic development comprehensive integrationnarrow the gap between our country and the world intellectual property rights of the construction of the rule of law has important significance.The current domestic and foreign research on the trademark reasonable use system theory and the practice of domestic judicial precedent is enough to support the building of trademark fair use system.In this paper,the basic theory of trademark fair use issues as the breakthrough point,first of all,from the theory of international treaties and foreign laws and domestic trademark on analysis of the concept of rational use of trademark,and discusses the applicable scope of trademark fair use,through the contrast analysis of rational use of trademark fair use and copyright,patent right fair use system further discusses similarities and differences of trademark fair use system,and expounds the rational use of different types of origin,concept and characteristics.Build the trademark reasonable use system on the one hand,able to meet the needs of the balance of trademark rights and the social public benefit,to provide theoretical support for the judicial practice,promote trademark legal system and international rules.On the basis of correct understanding of fair use,draw lessons from the United States,the European Union countries and regions,Japan and other countries about trademark fair use system construction experience,the trademark fair use system in China is proposed Suggestions.First,clear the basic principles of trademark fair use system in our country to build,including the principle of balancing of interests,the principle of good faith,the principle of the public domain.Trademark fair use system of constitutive requirements should include goodwill,the limits of necessity and has no confounding and suggestive,other concreteness Suggestions at the same time,so as to provide reference for the improvement of the system of trademark law.