Study on the Civil Regulatory Path of Malicious Trademark Litigations——Commenting on Article 84 of the Draft Revision of the Trademark Law of the People 's Republic of China(Draft for Comments)
At present,there is no mechanism in China's laws regulating malicious trademark litigations. On the one hand, malicious trademark litigations are on the rise. On the other hand, no unified comprehension of trademark malicious litigations has not yet been reached in theories or judicial practice , which is not conducive to the promotion and implementation of China 's intellectual property right strategies . At the level of legislative norms ,the legislative system should be improved by improving relevant legislation , refining compensation rules and setting up civil defenses. In terms of judicial practice,the judicial system should be optimized , with a focus on pre-trial review , by cautiously initiating temporary preservation measures,and establishing a unified judicial identification standard.
malicious trademark litigationmalicious trademark infringementlegal regulationcivil regulationcompensation of damages
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