Research On The Anti-unfair Competition Law Of Trademark Malicious Grabbing

With the development of market economy,the importance of trademark is self-evident,but with it,trademark grabbing has become more and more rampant.The Trademark Law expressly prohibits trademark grabbing,but unfortunately,whether it is trademark opposition,trademark invalidation application or the administrative litigation procedures,all of these administrative procedures are usually time-consuming,but the can only make the grabbed trademark invalid.The Trademark Law is to maintain trademark registration procedures,so it focus mainly on reversing the wrong registration results,but the losses suffered due to trademark grabbing need to get compensated,which poses a challenge to the Trademark Law.Under the priority theory between the Trademark Law and the Anti-Unfair Competition Law,the Trademark Law always occupies a higher priority,so it is believed that the Trademark Law can only be applied to regulate the malicious infringement of trademark,and the Anti-Unfair Competition Law has no room for application.However,the author believes that the Trademark Law and Anti-Unfair Competition Law is parallel on trademark protecting.When a behavior both affects the order of trademark registration and at the same time damage the order of market competition,the parties should have the right to chose one to protect his or her interests.Therefore,this article believes that,the anti-unfair competition law is more favorable to claim economic damage compensation,so maybe it is another effective way to protect the rights and interests of the parties.As a matter of fact,there are many cases in which the anti-unfair competition law has been used to restrain malicious infringement of trademarks.Through the search and analysis of judicial cases,there are indeed cases in which under the "priority theory" the Judges directly deny the unfair competition of malicious infringement,but there are also a large number of cases in which the Article 2 and Article 6 of the Anti-Unfair Competition Law have been applied to regulate the trademark grabbing.The emergence and increase of these cases also confirm the parallelism theory of Trademark Law and the Anti-Unfair Competition Law.According to different behaviors,the different articles may be applied,but in general,most of the cases in judicial practice focus on the application of Article 6and Article 2.Therefore,based on the parallelism theory of Trademark Law and the Anti-Unfair Competition Law,this paper will discuss the unfair competition of trademark malicious infringement,and propose the advantages of anti-unfair competition law to regulate malicious infringement.At the same time,through the case analysis,the problems in the current regulation are pointed out and suggestions for improvement are made.