The Sino-Japanese Comparative Study Of The Legal System To Prevent The Abusive Registration Of Trademarks

Trademark is not only used for identifying the source of each merchandise, but also a kind of intangible and valuable asset to a company. Because of the huge value contained in trademark, some people basing on improper purpose attempt to reap huge profits through the cybersquatting. Nowadays, not only in China, but also in various countries in the world, the cybersquatting is showing a diverse and complex trend, becoming one of the serious problems in trademark protection in every country.This paper uses China and Japan as the objects, doing the comparative study of the laws and regulations about the prevention of cybersquatting of China and Japan. Both China and Japan are the member states of "Paris Convention" and the members of the World Trade Organization, they all provide related protection for trademarks accordance with the "Paris Convention" and the requirements of the TRIPS Agreement. Therefore, the two countries are relatively close to each other on the relevant provisions of trademark protection. On the other hand, the implementation of "Trademark Law" and "Law for the Repression of Unfair Competition" in Japan are earlier than in China, and in order to respond flexibly to the great changes in technological, economic and social changes and Effectively solve the new problems, Japan has been frequently modified its trademark-related legals. We can learn some of the theory of value from Japan through a comparative study, helping China to better improve the legal system on the prevention of cybersquatting.There are four parts in this paper.Part 1:Basic problems on cybersquatting. First of all, the paper will expound the conception and the role of trademark and expound the conception and types of cybersquatting. Because of the important role of trademark, the brand owners would like to pay a huge effort to continue to accumulate the reputation and increase the reputation of trademark. At the same time, some people have seen the great value of trademark to its owner, they do the behavior of cybersquatting in order to achieve the purpose of reaping the improper benefits quickly. Otherwise, in order to better protect the legitimate rights of trademark owners and consumers, it is necessary to continuously improve our legal system on the prevention of cybersquatting. It also clarifies the main purpose of writing this paper through the first part.Part 2:Comparative analysis between China and Japan about the prevention of cybersquatting in the Trademark Examination and Appeal Procedure. The paper makes the Trademark Examination and Appeal Procedure as a separate part comparatively analysed in order to deeply introduce and analyze some unique legal systems in this area of Japan. First of all, the paper will analyze the prevention of cybersquatting in the Trademark Examination and Appeal Procedure of China. Then, the analysis of related systems in Japan, especially the unique systems of Japan. Finally, the analysis about the common systems and the unique systems of each in the Trademark Examination and Appeal Procedure.Part 3:Comparative analysis between China and Japan about the prevention of cybersquatting in the other legal provisions. First of all, the paper will make the related provisions about the prevention of cybersquatting in the "Trademark Law" as an object for analysis between China and Japan. Then, the comparative analysis about the prevention of cybersquatting in "Law for the Repression of Unfair Competition" between China and Japan.Part 4:Thinking about the improvement of the relevant legal systems on the prevention of cybersquatting in China. On the basis of the aforementioned comparative study, the paper will give some specific recommendations for improvement about "Related systems about prevention of cybersquatting in the Trademark Examination and Appeal Procedure", "The other legal provisions about prevention of cybersquatting in Trademark Law", "The other legal provisions about prevention of cybersquatting in Law of the People's Republic of China Against Unfair Competition".In the process of writing this paper, a large number of materials and information about "Trademark Examination and Appeal Procedure" and "Relevant provisions of trademark related law" of Japan are collected, and some distinctive legal systems of Japan are introduced. It is highly believable that the comparative study between China and Japan will be in possession of many reference of value for China to improve the relevant legal systems on the prevention of cybersquatting.