Reasearch On The Regulation Of Misuse Of Trademark Rights Of Malicious Registration

Misuse of trademark rights obtained maliciously exists in practice,and even supports the corresponding abuse request in the early civil justice of our country,which not only encourages the generation of malicious registration,but also dissimilates the trademark civil protection procedure as a profit-making tool of snatching people,and encourages the phenomenon of symbol enclosure.In response to this problem,the Supreme People’s Court in the guidance case No.82 " Goliath " case,"Uniqlo" case clearly should be applied to prohibit the abuse of rights to regulate this behavior.However,after that,there are still some problems that the discretion standard of the principle of prohibiting abuse of rights is not uniform and conflicts with the principle of protecting the exclusive right of trademark.Existing studies are conducted in typical cases and are prohibited There is room for improvement in the applicable basis and specific applicable rules of abuse of rights.On the one hand,through system interpretation,comparative study and legal analysis,this paper clarifies the application basis of the principle of prohibition of abuse of rights in the regulation of trademark abuse of malicious registration;on the other hand,through the application of Alexis’ principle theory and Larenz’s type theory,combined with 305 judicial cases to construct the type,it clarifies the specific application rules of the principle of prohibition of abuse of rights in the regulation of trademark abuse.I present this paper as three parts: introduction,text and conclusion,as follows:The first chapter summarizes the abuse of trademark rights and the current situation of regulation at home and abroad.In the aspect of behavior overview,the abuse of malicious trademark rights is the improper exercise of rights after malicious registration and acquisition of trademarks,and there is a causal relationship between malicious registration and trademark rights abuse.In the aspect of domestic and foreign regulation,the author first analyzes the rules of defense and counter-claim procedure of registration certificate in civil justice of EU and USA,and then analyzes the change of attitude from not regulating the abuse to applying the principle of prohibiting abuse of rights in judicial policy and judicial decision of our country.The second chapter makes clear the application basis of the principle of prohibiting the abuse of rights in regulating the abuse of trademark rights.First of all,through the system of interpretation to explore the legislative root of the prohibition of abuse of rights in the field of trademark application,clear the logical relationship between the law;secondly,through the Taiwan region of China,the United States comparative study,the lack of legitimacy caused by malicious acquisition of trademark rights can be one of the types of abuse of rights.Finally,the principle of prohibition of abuse of rights is explained through legislative and judicial perspectives and the respective connotation of the principle of protecting trademark exclusive rights and the conflict between them.The third chapter,based on Alexis’ s conflict law theory,probes into the rule of the principle of prohibiting the abuse of rights in the regulation of trademark abuse.First of all,the dilemma of the rule of the principle of prohibiting abuse of rights lies in the fact that there are two extremes of the principle of protecting the exclusive right of trademark and the principle of prohibiting abuse of rights in the judicial practice,and the reconciliation point of the conflict of principles is unclear.The first conditions and legal consequences are specified in the latter two chapters respectively.Chapter four explores the priority conditions and the concretization of the legal consequences of the prohibition of abuse of rights in regulating the abuse of trademark rights.On the one hand,the concretization of priority condition is the core of the application of conflict law theory.The third chapter proves that the core of the priority condition applicable to the principle of prohibition of abuse of rights is malicious registration.This chapter explores the concretization of priority the typology of malicious registration.Based on Lorentz’s theory of type,the author makes a typological study of 305 judgments retrieved,divides the malicious registration in the judgment sample into the use type malicious and the non-use type malicious,and then deduces the specific composition of the priority condition.On the other hand,there is a need to clarify the legal consequences of the application of the principle of abuse of rights.According to the legal principle of prohibiting the abuse of right,it is deduced that the abuse of trademark right can not only produce the legal effect of the exercise of the right,but also produce the corresponding liability for damages..Chapter five deduces the specific optimization rules of the principle of prohibiting the abuse of rights in regulating the abuse of trademark rights,and puts forward some concrete suggestions for the introduction of relevant judicial interpretation.First of all,combined with the specific elements of priority conditions and legal consequences,the conflict law theory is used to obtain the final specific optimization rules.Secondly,by applying the rule to Uniqlo case,the maneuverability of the rule is reflected.Finally,it is suggested that the Supreme people’s Court issue relevant judicial interpretation on the abuse of trademark right of malicious registration in order to unify the discretion standard,and at the same time,it puts forward specific suggestions for the judicial interpretation according to the specific optimization rules.