Trademark malicious litigation has the external manifestation of formal legality and the internal attribute of abuse of rights,which causes double damage to private rights and public interests.The introduction of punitive damages in the counterclaim system of trademark malicious litigation can not only encourage the alleged infringer to actively defend his rights,but also punish and deter the trademark malicious litigant.The implementation of punitive damages in the counterclaim system should be based on giving the alleged infringer the right to defend against malicious trademark litigation and the right to request for counterclaim,and in the case of serious malicious trademark litigation,the amount of punitive damages should be based on compensatory damages,and the multiplier of the punishment should be in line with the principle of"punishment commensurate with the fault".
关键词
商标恶意诉讼/反赔制度/权利滥用/惩罚性赔偿
Key words
trademark malicious litigation/counterclaim system/abuse of rights/punitive damages
维普
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