Identification And Regulation Of Malicious Trademark Litigation

In recent years,the state’s attention to and publicity in the protection of intellectual property rights has strengthened society’s awareness of trademark rights.The exercise of litigation rights is a legitimate right granted by the law.In the fierce market competition,market operators use loopholes in relevant laws to maliciously initiate trademark lawsuits and other means to combat competitors.This behavior is not only an abuse of rights,but also an abuse of rights.This kind of infringement conforms to the constitutive requirements of infringement.In practice,after maliciously registering trademarks,market operators use legitimate litigation procedures to implement malicious litigation for illegitimate purposes,which not only seriously disrupts the market order and harms the legitimate rights and interests of the parties,but also seriously violates the principle of good faith use and prohibition.The principle of abuse of rights wastes judicial resources,so it should be taken seriously and limited reasonably.Although Article 68 of my country’s "Trademark Law" clearly regulates malicious trademark litigation,there are no more specific and detailed regulatory measures for basic content such as the constituent elements and identification standards of trademark malicious litigation.It will lead to the situation of different judgments in the same case due to the absence of a uniform standard clearly stipulated in the courts of our country when handling such cases.Malicious litigation originates from the abuse of litigation rights in the common law system,and mainly refers to litigation actions with improper litigation purposes or without legal basis.Malicious litigation is recognized as a type of infringement in American law,and it can be effectively regulated under the support of this theory.Based on our country’s practice,a malicious trademark litigation refers to the fact that the parties knowingly have no legitimate facts and reasons,after maliciously registering the trademark,improperly exercise their right of litigation,use the court’s trial activities to infringe on the legal rights of the original right holder,thereby achieving their own improper purpose.behavior.Malicious trademark litigation is essentially a kind of infringement.The determination of malicious trademark litigation can be based on the four elements of infringement.Among them,subjective malice is the most difficult to identify,because no one can know the heart of others,only through objective The behavior to achieve a highly probable degree.When analyzing the constituent elements of malicious trademark litigation,analyze its characteristics,causes and manifestations based on typical cases,and identify the factor of "subjective maliciousness" under the comprehensive guidance of judicial practice and academic theory.While learning from the experience of regulating malicious lawsuits on trademarks outside the territory,we will explore effective measures to regulate malicious lawsuits in combination with the theory of balance of interests in intellectual property rights,the principle of prohibiting abuse of rights and the principle of good faith.Finally,through the improvement of the defense system for trademark abuse and the establishment of a counter-compensation system for trademark malicious litigation,it is hoped that the dishonest behavior of malicious trademark litigation can be effectively curbed,the market competition order is maintained,and the interests of all parties are balanced.