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Research On The Legal Regulation Of Hoarding Registered Trademarks

Posted on:2021-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhengFull Text:PDF
GTID:2416330614960173Subject:legal
Abstract/Summary:PDF Full Text Request
The malicious hoarding of registered trademarks is a behavior of seriously alienating trademark system,which has great harm to the normal market economy and also damages the interests of consumers.The newly revised trademark law has further provisions on this issue,but it is still insufficient.This paper introduces the background and significance of the topic,the research status at home and abroad,and lists the main research methods,key difficulties and innovation points.First,it introduces the concept and behavior mode of malicious hoarding of registered trademarks.On this basis,it analyzes the preliminary identification standard of this behavior in the revised trademark law system.Then combined with the views and practice of the existing scholars,this paper analyzes the composition of this behavior,innovatively uses the theory of law and economics to analyze the causes and harms of malicious hoarding of trademarks,laying a theoretical foundation for the following case analysis and proposed solutions,and mainly through the study of typical cases,analyzes the problems in practice and legislation.Then through summarizing the foreign legal regulations and Enlightenment on the malicious hoarding of registered trademarks,closely following the legal and economic analysis methods,combined with judicial practice,the end puts forward suggestions for the existing problems in the regulation of the malicious hoarding of registered trademarks in the current law,starting with the cost,increasing the cost of the malicious hoarding of registered trademarks for profit,reducing its revenue,and putting the emphasis on trademark application in advance Please review at the registration stage and give full play to the advantages of diversified dispute resolution mechanisms in order to effectively curb malicious hoarding of registered trademarks.
Keywords/Search Tags:trademark, hoarding for speculation, the theory of law and economic, legal regulation
PDF Full Text Request
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