| Malicious trademark preemption has always been a hot and difficult problem in trademark management.In the Trademark Law which revised in 2019 has added administrative punishments such as warning,fine and so on to malicious registrants.So far,in addition to being denied registration,revoked and declared invalid,the malicious registrants may also bear certain administrative responsibilities,which increases the illegal costs of the squatters to a certain extent and cracks down on the malicious registrants.However,in real life,the phenomenon of trademark malicious squatting is still frequent,which indicates that there are loopholes in the current legal regulations of our country.The main reason is that the malicious squatting is not subject to substantive legal sanctions,so it cannot act as a deterrent.The illegal cost is still less than the benefits of malicious squatting.Therefore,it is necessary to study the regulation of malicious squatting from the perspective of legal liability.Currently,China’s legislation on the legal liability of malicious trademark preemption is not perfect.On the one hand,the definition of malicious squatting is unclear,and the provisions of its legal liability are not independent.On the other hand,the illegal cost borne by the squatters due to their malicious squatting behavior is low,and can not produce substantial preventive and warning effects.Therefore,we can improve the liability mechanism of trademark registration with malicious intent mainly from the two aspects of clarifying the liability clause of malicious registrant behavior and strengthening the legal liability of malicious registrant.Specifically,It clearly stipulates the behaviors of trademark malicious squatting that need to bear the responsibility,sets up a separate liability clause for the behaviors of trademark malicious squatting,adds the civil damage liability of the malicious squatting person and introduces the trademark malicious litigation counterclaim system. |
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