| China is in a period of rapid development of the awareness of the protection of the commodity economy and intellectual property rights.The significance and value of trademarks have never been more prominent,so that the legal system of trademarks is tilted towards protection.It is necessary to incorporate nominative fair use into the fair use situation of trademark law.This article starts with the discussion of the basic theory of the nominative use system of trademarks,attempts to deduct the nominative fair use system of trademarks in the traditional environment under the network environment,and analyzes the comparative study of domestic and international legislation to analyze the use of the nominative fair use system of trademarks in the network environment.The network environment is different from the traditional trademark using environment,and the behavior of trademark use in the network environment is more complicated.This article analyzes the main trademark using situations in the network environment,and puts forward legislative and judicial suggestions.Specifically,this article conducts specific research from the following four chapters:The first chapter is an overview of the nominative fair use system of trademarks.This chapter starts with the definition and nature of the traditional fair use system of trademarks.After analyzing the constituent elements of the nominative fair use system of trademarks,it introduces the discussion on the particularity and rationality of the use system.The second chapter studies the legislation and judicial status of the nominative fair use system of trademarks in China’s network environment.The legislation on the fair use of trademarks in China is still relatively backward.This chapter analyzes the current domestic laws and regulations on the indicative fair use system of trademarks and the third amendment to the Trademark Law to increase the narrative fair use provisions,and focuses on judicial cases in the domestic network environment.The third chapter is a comparative study of nominative fair use abroad.The author selects the laws and regulations of the United States,the European Union,Japan,and Taiwan,and related cases.Based on the interpretation of the relevant laws and regulations or theelements of the judgment,the author analyzes and organizes the cases,and summarizes the trademarks in foreign countries and Taiwan in China.The fourth chapter is the improvement of the components of China’s nominative fair use.In order to construct the legal system of nominative fair use of trademarks in our country,the author began to improve and perfect from two aspects of legislation and judicial.After the legislative suggestions,the author made specific explanations and determinations on the specific application of the components of the nominative fair use of trademarks in accordance with the legislative suggestions.On the subjective determination of the nominative fair use of trademarks,the user believed that the user should have an unfair intention It’s limited to describing the characteristics of the goods or services if you have to use them.In the determination of objective requirements,users can only use ordinary methods,and they must not highlight and use any other marks. |
