| In the context of the rapid development of cross-border e-commerce and the rapid integration of world trade,the phenomenon of trademark infringement is more diverse and common.The reason is that new problems have arisen in the new context,and they also appear in the new e-commerce model.New theoretical and practical disputes.Judging from my country’s current legislation on trademark rights,the "E-Commerce Law",the "Trademark Law" and the "Unfair Competition Law" can all apply to trademark infringement issues in the context of cross-border e-commerce,but they are not fully applicable.The lack of systematic and detailed judgment standards has the consequence of insufficient protection.From the three situations of "the same trademark owner in different countries/regions","different trademark owners in different countries/regions",and "domestic non-trademark owner",we can explore the three different situations of foreign-related trademark rights in the cross-border e-commerce environment.The dilemma of infringement judgment under.These three situations represent three fundamentally different aspects of trademark infringement issues in the context of cross-border e-commerce.The issues they represent are parallel import issues,local preemptive registration of foreign well-known trademarks,and foreign-related processing and licensing issues.And when discussing the specific issues in the three aspects,follow a certain logical relationship to explain in detail,that is,the logical sequence from general to individual.The judgment of infringement in the case of “the same trademark holder in different countries/regions” mainly refers to the judgment of whether parallel import constitutes trademark infringement.Based on the existing cases and the analysis of the balance of interests in different principles,the focus should be on whether the parallel import business model provides benefits.Commodities bring "substantial differences." If not,based on the needs of global trade development,the parallel import model should not be regarded as a model that infringes on the legal interests of trademark rights.As for the legal liability of the importer and the platform in the issue of parallel imports of goods,it should be combined with different cross-border e-commerce business models,whether trademark infringement or sales infringement,direct infringement or indirect infringement.Only on this basis can the legal responsibilities of importers and platforms be divided.As for the temporary transit issue in parallel imports of goods,the focus is to determine whether the target market of parallel imports is my country’s domestic market based on existing evidence.If it is not a Chinese market,no excessive customs intervention will be implemented.If the target market is the Chinese market,it should be decided whether to adopt customs measures based on the claims of the trademark owner,the quality of the product itself,and the form of the logo.Infringement in the case of "different trademark owners in different countries/regions" mainly refers to the issue of local cybersquatting of foreign well-known trademarks.According to the two different premises that foreign trademarks have been registered and unregistered in my country,the infringement standards for preemptive registration will be adjusted and adapted accordingly.Regardless of the standard,my country should increase the protection of cross-category of foreign well-known trademarks and the corresponding protection of Chinese translations.In determining the infringement of cybersquatting trademarks,factors such as the distinctiveness and popularity of the prior trademark,the degree of relevance between the prior trademark and the registered goods or services of the accused trademark,the degree of similarity,and the subjective fault of the respondent should all be considered.Considering.It is also worth noting that malicious reports by local cybersquatting parties are common in cross-border e-commerce platforms.In response to this situation,more attention should be paid to the relevant provisions of Article 42 of the "E-Commerce Law" on damages,and Cooperate with cross-border e-commerce platforms to combat such malicious reports.Infringement in the “domestic non-trademark owner” situation mainly refers to infringement issues in foreign-related processing and licensing.Whether a foreign-related processing license constitutes a trademark infringement has always been an inconclusive issue,but in the context of the development of cross-border e-commerce,the factors affecting the judgment of this issue have become more and more complicated.In traditional foreign-related brand-name processing activities,as long as the goods are determined to be sold abroad,they will generally not be recognized as trademark infringements.However,after the development of new trade methods,ordinary consumers may purchase custom-branded products from foreign shopping websites.At this time,whether it constitutes trademark infringement should be judged based on brand awareness.Moreover,in the case of infringement of foreign-related brand-name processing,the ordering party shall bear the direct infringement liability,and the processor should generally only be established to help infringement,because it only serves as a helper of the processing behavior and does not use the trademark to make a profit.In general,because there is no same standard for determining infringement,in practice,different situations may result in a variety of different judgments.Therefore,the legislative and judicial organs apply laws and regulations to establish standards for trademark infringement in specific issues,such as the "substantial difference standard" in the issue of parallel imports,the "confusion" standard in the domestic preemptive registration of foreign trademarks in China,and the "confusion" standard in foreign-related licensing processing."Trademark use" standard.In addition,relevant preventive systems shall be established according to specific conditions,such as the disclosure system of commodity sources and the government information supervision system,in order to prevent the occurrence of chaos from the root cause. |
