Research On The Legal Regulation Of Titles Of Works

Under the background of implementation of Intellectual Property Power Strategy,the number of trademark registration applications in China has continued to increase,the protection of exclusive right of trademark has been continuously strengthened,the construction of trademark brands has been better,and the status of trademark powers has been increasingly consolidated.At the same time,the issue of malicious squatting of trademarks,especially the malicious squatting of titles of works,has become increasingly prominent.This not only causes damage to the title holders of works,but also frustrates its enthusiasm for continuous creation;it also greatly wastes the trademark administrative and judicial resources,undermines the trademark registration order and pollutes the market competition environment.Malicious squatting of titles of works discussed in this article includes the preemptive registration of the logos which are belonged to prior rights holders' without the permission,and the preemptive registration of others' unregistered trademarks that were previously used and have a certain impact.These two types of titles of works are crucial to the identification.The reasons for the malicious squatting of titles of works mainly include economic inducement and Institutional omissions,especially the malpractices of the trademark registration system,the vague definition of malicious squatting of titles of works,and the lack of liability clauses.However,titles of works are not natural trademarks,and the core of its ability to be maliciously squatted is the function and value of titles of works themselves.The theoretical and institutional basis for analyzing titles of works protected by law is a prerequisite for discussing malicious squatting of titles of works.Titles of works are the names of works,they describe the content of works and refer to works per se;they can also play a role in showing where works come from and even merchandising function.The legal provisions on the malicious squatting of titles of works in China are mainly Article 32 of the Trademark Law and Article 22 of the Regulations on the Confirmation and Authorization of Trademarks.Other provisions of the Trademark Law and Articles 2 and 6 of Anti-Unfair Competition Law may also be applied according to the specific circumstances.For the legal protection of the titles of works,it is appropriate to apply Trademark Law or Anti-Unfair Competition Law currently for protection according to the specific circumstances.Specifically,according to the Regulations on the Confirmation and Authorization of Trademarks,it is more appropriate to start with the Trademark Law if titles of works are maliciously registered.In the long run,it is advisable to amend China's Trademark Law and Anti-Unfair Competition Law,give more complete rights to the holders of titles of works,and ensure the function of titles of works works well.To regulate an illegal act,it must define the behavior and clearly identify the standard firstly.The composition of malicious squatting of the “Previous rights” titles of works and the “Previous use” titles of works are different.“Previous rights” titles of works should satisfy three conditions: the duration of copyright protection,the high popularity of titles of works,and the use of title as trademarks in related commodities,which can easily lead to the mistaken opinion of the public that it has been licensed by the obligee or has a specific connection with the obligee,namely,the likelihood of confusion.“Previous use” titles of works should be "already used" and "have a certain influence",and the squatters must implement the squatting action with "illegitimate means",and are in bad faith.These components are seemingly simple,but in fact they are very complex and require a wide range of considerations.By amending the trademark law and establishing the title right,titles of works can be protected more comprehensively.It is also possible to expand the scope of protection objects of the market confusion in Anti-Unfair Competition Law.As to administrative enforcement of law,we should use the method of filling loopholes to improve the application of law,intensify the crackdown on malicious squatting of titles of works,and establish the database and the blacklist of malicious squatting of titles of works by using technical means.The judiciary should also play the role of the last checkpoint,properly use the discretionary legal requirements,unify the standard;introducing compensation for damage to increase the cost of violating the law;make good use of the principle of good faith.