Application Of "Adverse Influence" Provisions In Trademark Law

After the “Tencent We Chat Case” ended,all sectors of the society had a fierce discussion on the item(8)of Article 10,paragraph 1,of the “Trademark Law”,which was also called the “adverse impact” clause.Judging from the content of the clauses,the legal provisions are uncertain,so there are many disputes in judicial application,and there is a phenomenon of confusion in application.In view of this,the nature of the articles needs to be researched.Second,the types of specific adjustments of the articles need to be sorted out in combination with cases,the disputes existing in the application of the law are summarized,and the problem-solving ideas are analyzed.This article mainly adopts literature research and case study methods for writing.The full text is divided into three parts: introduction,text and conclusion.The text is divided into four chapters.The first chapter of this article introduces the dilemma and causes of the application of the "adverse influence" section.The author summarizes relevant cases from 2013 to the present,and summarizes the current situation and problems.The author finds that the dispute points of the clauses before and after the "We Chat case" are different.With time,the conclusions of the disputes existing before the "We Chat case" are stabilized,and the disputes over the applicable clauses have changed after the "We Chat case".The author divides the predicament of the application of the first section into two parts,the "We Chat case" period and the latter part of the "We Chat case",and summarizes the dispute points statically and dynamically.The first chapter and the second section briefly analyze the reasons for the predicament of the application of the clause,and find the problem from the root cause.The second chapter of this article analyzes the definition of the nature of the "adverse impact" clauses.The first section analyzes the nature of the clauses from the perspective of legal interpretation methods such as interpretation of meaning,system,and purpose.The second section refers to the principle of public order and good customs in civil law,and finds the internal relationship between the "adverse influence" clause and the article.This article uses the principle of public order and good customs in trademark law to further analyze the connotation and nature of the clause.Applicable rules of public order and good customs in civil law.The third chapter of this article is the core part of the full text.The study of uncertain legal provisions is more suitable for typed research because of its uncertainty and openness.The author combines specific cases to try to analyze the specific application of the clause from the positive type and the negative type,and analyzes from the positive and negative sides to understand the content of the clause more thoroughly and help to accurately apply the clause.Through the typed research on the "adverse impact" clauses,combined with the case study of the positive and negative types of cases,this article discusses the application of the "adverse impacts" clause in judicial practice.The "Trademark Law" of 2019 has been amended,and it has certain influence on the application of the "adverse impact" clause.The author will elaborate in the last part of Chapter III.The fourth chapter of this article summarizes the difficulties in the application of the "adverse impact" clauses and analyzes them,and further studies the application of the clauses.The fourth chapter is set up to more comprehensively summarize the new controversial issues existing in the inductive clause.These issues arise in the new stage and have not yet been clearly stipulated in legal norms.List the controversial and difficult points in the judicial case for discussion and research,and try to enrich the research methods and perspectives of the problem.The application of the "adverse effects" clause requires a long and iterative process.The so-called "Jade is not a tool",and the improvement of the application of law also requires time to polish.In continuous investigation,it is more in line with the original meaning of the law.