Research On The Identification And Legal Regulation Of Malicious Trademark Litigatio

Malicious litigation is not a new problem,but trademark malicious litigation has only recently appeared.Trademark malicious litigation is the embodiment of malicious litigation in the field of trademark,which has gradually appeared in the process of trademark right protection,and it is also one of the consequences of malicious trademark registration.It is not only a procedural law problem,but also a substantive law problem.Trademark malicious litigation has multiple harms,such as infringing on the legitimate rights and interests of others,destroying the market competition order,affecting the judicial order,impacting the trademark legal system,etc.,it should be regulated by law.The premise of regulation is to identify trademark malicious litigation.Trademark malicious litigation is an abuse of rights,which is essentially a general tort,and should be identified through four elements of tort.Among the four elements,subjective malice is the key to identify trademark malicious litigation,while "malice" is a subjective psychological state,which is difficult to identify.Once it is identified incorrectly,it will affect the legitimate exercise of the right of litigation.Therefore,Under the dual requirements of guaranteeing the free exercise of the right of litigation and curbing the abuse of the right of litigation,the determination of "malicious" should be based on a prudent principle,which requires a comprehensive analysis of multiple elements that are relatively objective.The determination of trademark malicious litigation serves to regulate trademark malicious litigation.Based on its multiple harmfulness and proliferation trend,it is necessary to adopt a strict regulatory attitude,which needs to be achieved through a systematic regulatory path.From the perspective of procedural law,it is necessary to use civil procedures to block the development of trademark malicious litigation.From the perspective of substantive law,the perpetrator should be made to bear civil liabilities such as damages and other punishments such as judicial punishment.However,these regulatory methods can only be applied in the form of legal interpretation,because the current systematic regulatory path has not been formed.The current Trademark Law only provides for the regulation of trademark malicious litigation in principle,which is not operable,leading to different judicial decisions,and trademark malicious litigation is still widespread.In order to curb malicious trademark litigation more effectively,it is necessary to amend the provisions of malicious trademark litigation,clarify the connotation,extension and identification elements of malicious trademark litigation,clarify the logical system of damages in malicious trademark litigation,and refine the types and standards of penalties imposed by courts on malicious trademark litigation,so as to construct a systematic regulation path of malicious trademark litigation.