Research Of Trademark Fair Use System In Theenvironment Of Network

In recent years,the trademark fair use system came into scholars’ attention.However,they haven’t formed a unified understanding of the trademark fair use system.There remains controversy not only in the object of the trademark fair use,but also in the nature ofthesystem.The legislation of the system is behind other countries in the world, causing the system used in the judicial practice is also difficult.As an important part of the system of trademark restrictions regime, the trademark fair use system is used to balance the interests between trademark owners and public people,and it should be clarified in the theoretical and practical level.With the rapid development of network technology,there exists large numbers of trademark infringements.The paper analyzes the basic theory of trademark fair use system,and try to find out the differences between the traditional system and the system in the environment of network.Specifically, this paper launches the concrete research from the following three chapters:Chapter Ⅰ is a overview of the trademark fair use system under network environment.This chapter discusses the concept and the nature of the system,and compares it with the fair use of copyright and the restriction on patent.Then,the chapter analyzes the necessity of the trademark fair use system and brings the trademark fair use system in the environment of network into introduction.Chapter Ⅱis a comparative study of the trademark fair use system in the environment of network.Domestic legislation of the system is still lagging behind.This chapter analyzes the domestic legislation of the trademark fair use, the third revision of the “Trademark Law”and the legislation and judicial practice in foreign countries to find the lack of improvements.Chapter Ⅲ is the recommendation on the further improvement of the trademark fair use system.According to the theory and legislative research,this chapter points out the main problems existing in the system construction and judicial practice and put forward the constructive suggestions and legislative suggestions.