| With the development of our country,many people increasingly recognized the importance of trademarks in the market,and trademarks have great importance for businesses to attract consumers and continue to gain advantages in the market.However,unfair competition over trademarks,such as illegal use of other people’s trademarks for commercial purposes,is increasing,which not only impairs the trademark owner’s exclusive right to the registered trademark,but also causes ordinary market competition order are damaged.There is no clear legal for the question of how to regulate this behavior,so the court will provide reasons for determining this type of dispute,the basis for the application of the law,and liability for damages.The criteria for bearing different.In such cases,different decisions are often made in the same case.Therefore,exploring ways to select applicable law to regulate and coordinate unfair competitive behavior,including trademarks is very important for the improvement and development of our law or judicial system.First,from the perspective of analysis the judicial cases,based on the current practices regarding unfair competition trials over trademarks,the content of this article is drawn out and the provisions of existing law and judicial practices.Cases are analyzed based on test models with different legal grounds.Second,the current question in the regulation of unfair competition,including my national trademark,such as the unclear boundaries of the legal content of adjustments,at the same time lack the clear regulations and inconsistent standards.these reasons are analyzed response to liability for damages in practice and the existence of the problem,based on which the relevant legislative model outside the territory is used for reference.Finally,a perfect suggestion was made on the existing issue. |