Research On Blockchain Technology And Regulation Of Malicious Trademark Registration

Malicious trademark registration is a traditional problem in the field of trademark law.Many regulation methods for malicious trademark registration have not achieved strong regulation effect.Blockchain technology is the product of the fourth industrial Revolution.As a new underlying technology,it has great application space.The main innovation of this paper is to try to use the emerging technology of blockchain to solve the traditional problem of malicious trademark registration.Based on the analysis of legal loopholes in the regulation of malicious trademark registration,this paper explores whether it is feasible to apply blockchain technology to the regulation of malicious trademark registration,and puts forward specific schemes to apply blockchain technology to the regulation of malicious trademark registration.This paper is divided into four chapters.Chapter one summarizes the connotation and extension of malicious trademark registration.The connotation of malicious trademark registration mainly lies in the violation of the principle of good faith.The extension of malicious trademark registration,including malicious squatting and malicious hoarding.This paper expounds the connotation and form of malicious squatting and malicious hoarding,and summarizes the judgment factors of malicious squatting and malicious hoarding.Chapter two analyzes the regulatory dilemma of malicious trademark registration.Aiming at the forms of malicious squatting and hoarding mentioned above,this paper analyzes the causes of malicious squatting and hoarding.The dilemma of regulating malicious trademark registration mainly lies in the lack of trademark retrieval database,the insufficiency of the early warning mechanism of the right holder’s right protection,the opaque process of trademark agency,the difficulty in determining the factors of malicious trademark registration,the principle declaration of honesty and credit cannot be implemented,and the legislative regulation of malicious trademark registration still needs to be improved.It can be concluded that it is difficult to regulate malicious trademark registration through law modification,so we can try to use non-legal means to cooperate with legal means to jointly regulate malicious trademark registration.Chapter three explores whether blockchain technology is feasible to regulate malicious trademark registration.Blockchain technology is characterized by decentralization,tamper-resistant,anonymity and low cost of verification.Through comparative analysis,it can be concluded that compared with not using blockchain technology,the application of blockchain technology in the regulation of malicious trademark registration has advantages.Under the condition that the application of blockchain technology has advantages,the compatibility between the characteristics of blockchain technology and the regulation focus of malicious trademark registration is further analyzed.Chapter four explores the specific application of blockchain technology in regulating malicious trademark registration.Firstly,blockchain technology can be used to build the trademark review alliance blockchain system,which can enrich the trademark retrieval database,advance the early warning of rights protection,and clearly show the whole process of trademark agency.Secondly,the use of blockchain technology can reduce the difficulty of determining factors for malicious trademark registration,and strengthen the operability of the principle of good faith.Specifically,blockchain technology can help determine visibility,whether the actor is aware of the specific relationship,the copyright of the trademark,and the actual use of the trademark.Finally,blockchain technology can provide support for the relevant legislation regulating malicious registration.The use of blockchain technology can help explore the establishment of the system of "restricting the circulation of unused trademarks",and help explore the establishment of the punishment and compensation system for malicious registration.