Research On Legal Regulation Of Trademark Malicious Robbery

With the acceleration of the process of world economic integration,China and the world are increasingly connected in the field of economic trade,and gradually become an economy with great potential that cannot be ignored.However,opportunities also mean challenges.Especially since China joined the World Trade Organization in 2001,while Chinese local enterprises are “going out”,many well-known foreign companies are also madly capturing the Chinese market.And in order to occupy a "place" in the fierce market competition,operators often need to establish a brand strategy.But building a brand is inseparable from many preparatory work in the early stage,and brand competition often leads to malicious cybersquatting.As a result,trademarks have been frequently seen in the newspapers and have become hot topics in academic circles.It is undeniable that the malicious cybersquatting of trademarks has the potential of “savage growth” in China.The “enclosure movement” of such trademarks has impacted the normal order of trademark use in China,alienated the trademark registration system,and seriously damaged the squatters.interest.How to effectively regulate trademark malicious cybersquatting is urgent and necessary.This paper puts forward some suggestions for the reasons for the malicious cybersquatting of trademarks,combined with the experience of foreign legal regulation and the status quo of China.In addition to the introduction and conclusion,the full text is divided into five parts,the main contents are as follows:The first part is based on the malicious cybersquatting of trademarks,and carries out the ontological analysis to clarify the connotation and extension of trademark malicious cybersquatting,and understand the malicious cybersquatting of trademarks from a narrow and broad perspective.On this basis,the reasons and harms of malicious cybersquatting in China's trademarks are expounded.The second part expounds how to identify the malicious cybersquatting of trademarks in reality,taking the 32 nd article of the Trademark Law as the entry point,splitting the various elements of the article,and deepening from the perspective of the squatter and the cybersquatting object.Discussion.The third part analyzes the legal regulation of the malicious cybers quatting of extraterritorial trademarks,expounds the legal regulation of the United States,Germany and international conventions respectively,and on this basis,analyzes the enlightenment of extraterritorial experience to China.The fourth part is based on the status quo of the malicious cybersquatting of China's trademarks.It expounds the legal regulation of China from the perspective of legislation and judicature,and analyzes the shortage of legal regulation of trademark malpractice in China.The fifth part combines the analysis of the above chapters and proposes perfect suggestions from two aspects.First of all,China officially launched the fourth revision of the Trademark Law in March 2018,and completed the revision of the new law in April 2019.In view of this,this article will explore the revised background of the new "Trademark Law",conduct content analysis to illustrate its highlights,and the possible perfect thinking of the new law in the context of malicious cybersquatting.Secondly,the Anti-Unfair Competition Law also plays an important role in the malicious cybersquatting of regulatory trademarks.The improvement of the law can be used as a supplement to the trademark law that cannot effectively regulate trademark malicious cybersquatting,ensuring the orderly operation of commercial activities.