| With the rapid development of artificial intelligence under big data and cloud computing,human society and economy have undergone profound changes.The abuse of trademark rights in the field of intellectual property rights has occurred more and more frequently with the development of the times.Some trademark owners use trademarks excessively,expand the scope of private interests of trademark rights,abuse trademark exclusive rights in an attempt to exclude competitors and obtain improper social and economic benefits.From the perspective of the essence of trademark rights,the abuse of trademark rights is not only an illegal tort,but also an anti-free competition behavior,which is very harmful.In the process of modernization of the intellectual property system,it is necessary to protect competition and encourage innovation at the same time,improve economic operation efficiency,safeguard public interests,and form a unified and organic whole.Therefore,it is particularly important to regulate the abuse of trademark rights.The content of this article discusses the regulation of trademark abuse from the following parts:The first part explains the definition of trademark abuse and the main theoretical viewpoints.Summarize the characteristics of the abuse of trademark rights in practice in the form of examples,summarize the general laws from the phenomenon,and summarize the definition,characteristics,and constituent elements of the abuse of trademark rights discussed in this article.Supported by existing theories,explore the internal mechanism of trademark abuse,that is,as a private right,any private right may be abused,and trademark rights are no exception;as a "monopoly" intellectual property rights,There will be conflicts with innovation;as a market business resource,it is necessary to seek a balance of interests with competitors and the public.From this,we draw the necessity,legitimacy and rationality of regulating the abuse of trademark rights,as well as the expectation to realize the value and goal of the regulatory system for the abuse of trademark rights.The second part further analyzes the status quo of abuse of trademark rights in my country through the manifestations and causes of abuse of trademark rights.In practice,the abuse of trademark rights mainly includes anti-competitive trademark licensing,hindering the fair use of the first user,violating the principle of exhaustion of rights,restricting competition in parallel imports,hindering the reasonable use of others,and taking advantage of the trademark rights of well-known trademarks,and abuse and reverse domain name encroachment,etc.Through the abuse of trademark rights in practice,explore the common points and characteristics of the abuse of trademark rights.At the same time,it also makes a brief analysis of the occurrence of trademark abuse from economic,legal and social aspects,and looks at the essence through the phenomenon,laying a solid foundation for how to regulate the abuse of trademark rights in the following article.The third part elaborates the current status of the legislation and judicial application of my country’s trademark abuse regulation system,summarizes the advantages and disadvantages through comparative analysis,and explores the lack of my country’s trademark abuse regulation system,to pave the way for the later thinking about how to improve the legislation and judicial application suggestions.In the trademark law,the scope of fair use has been further clarified,but the connotation of exhaustion of rights and prior use has not been specified in detail;in the anti-monopoly law,the abuse of trademark license agreement,abuse of dominant position and improper concentration of economic power have been analyzed;in the Anti Unfair Competition Law,the newly revised anti unfair competition law 2019 has added general provisions and regulations punitive damages,but there is no provision for non property losses.The fourth part expounds the principles of my country’s trademark abuse regulatory system through the research and analysis of the article theory and case,and puts forward effective suggestions for further improving my country’s trademark abuse regulatory system.On the one hand,the legal system is an organically unified whole.On the basis of protecting the exclusive rights of trademarks,strengthen the improvement of the legal system,and make clearer definitions and restrictions on the content of trademark rights through civil and commercial laws such as trademark law,which will violate economic goals and may bring excessive expansion of private interests The content of rights is clearly excluded from the scope of trademark exclusive rights.At the same time,it is necessary to make reasonable use of the principle of prohibiting abuse of power,the principle of good faith,the principle of public order and good customs,the theory of limited resources,and the theory of balance of interests to fill the gaps in the law,so as to integrate general norms and specific systems.On the other hand,In practice,we should deepen the field of law enforcement and judicature,coordinate the coordination between administrative law enforcement departments and judicial departments,expand the subject of litigation,balance the burden of proof,improve the participation of experts,and establish a special team of judges and independent law enforcement departments to form an effective national regulation and supervision system to regulate the abuse of trademark rights. |
