Research On Legal Regulation Of Abuse Of Well-known Trademarks In China

With the development of the knowledge economy,well-known trademarks have increasingly become a powerful tool for domestic and foreign enterprises to compete;China’s protection of well-known trademarks is in line with international standards,and adopts an attitude of expanding protection and strong protection.This has also spawned a series of well-known trademark owners’ misuse of their rights,coupled with the alienation of well-known trademarks,companies pursuing profits,and China’s imperfect legal system related to well-known trademarks.The abuse problem is more serious.The restriction of rights and the granting of rights cannot be undone,and the rights should be reasonably restricted.The abuse of well-known trademarks refers to the use of trademark rights to monopolize the market and other improper use to damage others or the public interest.It has a variety of manifestations,mainly including malicious litigation to intentionally manufacture trademark infringements,restricting the reasonable use rights of others,using well-known trademarks against previously registered trademarks,and misusing well-known trademarks in commercial advertisements.There are still some specific ways of abuse in practice.China still lacks a relatively uniform standard for abusing identification,and has not been able to accurately determine the specific behavior of judicial actions.In this regard,China should focus on internationally advanced legislative models and regulatory approaches,and make reasonable use of the US anti-dilution theory and Germany ’s clever ways of referring to patent abuse.At the same time,we should gradually improve the legal system for regulating the abuse of well-known trademark rights,clarify the legislative concept,adjust the identification system,protect the reasonable use of others and prior rights,restrict or prohibit the implementation of various abuses,etc.Furthermore,we should actively consider applying competition law to interdisciplinary joint regulation of trademark abuse.The abuse of well-known trademarks not only harms the interests of consumers and other innocent companies,but also involves the public domain of the market economy.It is clearly beyond the scope of simple private law adjustment.The trademark law under the Intellectual Property Law has the characteristics of a civil and commercial legal system,There are certain limitations in terms of the regulation of rights,such as the angle and strength,so it is necessary to seek the help of competition law and other laws,with its power,through the use of economic law principles and abstract codes of conduct The crackdown on the abuse of well-known trademarks has given full play to the role of the Anti-Unfair Competition Law and Anti-Monopoly Law,and has built a second line of defense against the abuse of well-known trademarks.With a view to further protecting the legitimate interests of legitimate competitors,respecting the legitimate rights and interests of consumers,creating an orderly market competition order,and maintaining the balance of society’s overall interests.