Research On The Application Of Law Concerning Foreign Trademark Infringement

Since the reform and opening up,China’s economy has rapidly integrated into the world market.Especially driven by the smooth implementation of the national intellectual property strategy and trademark brand strategy,my country has been among the largest countries in the world for trademark applications for many years,and is developing towards high-quality intellectual property rights..In the first year of the "14th Five-Year Plan" and the "double cycle" of the national economy,Chinese companies should make timely adjustments to their strategic decisions in the field of foreign-related trademarks,better coordinate domestic and international market resources,and resolve foreign-related trademark infringement disputes.The number of cases was reduced to a minimum.However,in view of the territorial characteristics of foreign-related trademark rights and judicial practice,judges have certain misunderstandings in determining the foreign-related nature of foreign-related trademark infringement cases,leading to frequent disputes in foreign-related trademark infringement cases.The importance of formulating and improving the application of foreign-related trademark infringement laws has become increasingly prominent.Although my country’s "Law on the Application of Laws" provides a normative basis for the resolution of foreign-related trademark infringement disputes,there are certain problems in the selection of conflicting norms and the selection of connection points.At the same time,in judicial practice,foreign-related trademark infringement disputes are greatly affected by the regional characteristics of trademarks at the time of judgment.There are many points that need to be improved in the judgment of foreign-related trademark infringement cases and the reasoning of law application.Therefore,given that the application of foreign-related trademark infringement laws involves more interest measurement and policy choices,the author attempts to systematically and comprehensively sort out the problems in the application of foreign-related trademark infringement laws,and combine judicial practice to put forward his own unique and unique characteristics for solving problems.The first part of this article is mainly introduces the territorial characteristics and extraterritorial application of foreign-related trademark rights,and elaborates on the legislative necessity of extraterritorial protection of foreign-related trademarks.In the case of limitations in global protectionism and selection rules,how to follow the law Improve the protection of foreign-related trademark infringement at the level.The second part of this article mainly introduces the legislative characteristics of foreign-related trademark law application norms and the judges analyzed the status quo of the legal application of foreign-related trademark infringements from the level of judicial actual case summary.Specifically,in the form of tables,the actual judgments of the courts against foreign-related trademark infringement cases in recent years are analyzed.The specific laws and regulations are summarized to pave the way for the introduction of the problems in the application of foreign-related trademark laws.The third part of this article is the key chapter of the full text.It focuses on the analysis of the current problems in the application of foreign-related trademark infringement laws,and systematically and comprehensively analyzes the problems in the legal application of foreign-related trademark infringement cases at the legislative and judicial practice levels.At the level of foreign-related trademark infringement,the drawbacks of foreign-related trademark infringement are detailed and analyzed,and it is analyzed that there are many problems in the selection of the applicable law in foreign-related trademark infringement in the current "Law of the Law".The fourth part of this article is to address the previous issues,and propose unique and targeted solutions one by one,in an effort to protect the interests of trademark owners in foreign-related trademark infringement cases,while also properly safeguarding the interests of trademark and the weak.At the same time,it is proposed to apply the principle of the closest connection and the principle of maximizing the result of damage to improve the current foreign-related trademark infringement,which mainly applies to the principle of requested protection.