Legal Regulation Of Trademark Malicious Litigation

Malicious trademark litigation refers to a subject with formal registered trademark rights who,when knowing that its registered trademark acquisition is flawed,filed a trademark infringement lawsuit against another legally-operated person in order to seek infringement of unfair interests.The abuse of registered trademark rights and civil litigation rights is a special tort.Trademark malicious litigants obtain trademark rights through prior malicious registration,hoarding of trademarks and other means.When the registered trademark rights are flawed,they initiate trademark infringement or other forms of lawsuits in an attempt to achieve illegal benefits,damage the other party 's reputation or other The act of legitimate purpose not only seriously affects the legal rights and economic interests of the actual user of the trademark,but also damages the market order,administrative order and judicial order.Although Article 68,Section 4 of the newly revised "Trademark Law" in 2019 has the concept of filing a malicious trademark lawsuit,there is also a typical case against trademark malicious lawsuit in the judicial practice,that is,the "Gelisi" trademark infringement case as a guiding case However,due to the complexity and professional characteristics of trademark infringement cases,trademark malicious litigation is very confusing due to the appearance of legal rights.In addition,the provisions on malicious litigation in the Trademark Law are single,and the trademark malicious litigation fails Form an effective pair of regulations.In order to effectively regulate the problem of malicious trademark lawsuits,first of all,the reasons for the occurrence of malicious trademark lawsuits should be analyzed.The analysis of the causes of malicious trademark litigation needs to combine the generality of malicious litigation and the particularity of the trademark system,mainly including the lack of effective regulations in the current law,the existence of large numbers of squatting and hoarding of trademarks,low cost of illegality,and high trademark confusion and infringement.The reasons for the amount of compensation are four aspects.The empirical analysis of trademark malpractices in China shows that trademark malpractices can be divided into three main forms: trademark malpractices with defective trademarks,malpractices with uninfringed trademarks,and lawsuits with hoarding trademarks.Therefore,the improvement of the legal regulation of trademark malicious litigation should also be based on the aforementioned reasons and the classification distinction,taking multiple measures.The specific regulations are as follows: First,to improve the system for regulating squatting and hoarding trademarks,to effectively prevent malicious trademark trademark litigation;Litigation;Third,improve the counter-compensation system for malicious trademark litigation,clarify thescope and standards of compensation,court jurisdiction,and strictly review trademark owners 'withdrawal requests.In this way,effective prevention from trademark pre-litigation to effective containment after litigation is formed,and effective legal regulation of trademark malicious litigation is formed.