A Multidimensional Examination and an Exploration of Practical Paths for the Judicial Protection of Traditional Chinese Medicine Trademarks—Taking 106 Judged Cases as the Research Objects
Traditional Chinese medicine trademarks are not only a symbol of corporate goodwill but also an important basis for consum-ers to identify and choose traditional Chinese medicine products and services.Current academic research lacks discussion on the protection of traditional Chinese medicine trademarks from the perspective of judicial practice.A total of 106 traditional Chinese medicine trademark dispute cases from 2020 to 2024 were selected from the China Judgments Online for empirical analysis,and it was found that the number of judicial cases is not positively correlated with the number of local traditional Chinese medicine trademarks,and dispute cases are mainly concentrated in the first-instance civil trials.The causes of action include disputes over infringement of traditional Chinese medicine trade-mark rights,unfair competition,etc,and the involved entities include Yunnan Baiyao,Derentang,etc.The main focuses of disputes in the cases are whether the categories of the involved goods are the same or similar,whether the involved trademarks are used in a trade-mark-like manner,and whether the involved trademarks are well-known trademarks.The main problems in the judicial protection of tradi-tional Chinese medicine trademarks are difficulties in infringement determination,collecting evidence and providing proof,as well as diffi-culties in determining the amount of compensation for infringement,and the amount of compensation awarded is relatively low.In this re-gard,relevant measures are proposed,that is,enterprises should strengthen trademark design at the front end,and judicial organs should strengthen the application of legal norms and judicature at the back end and increase the intensity of punitive compensation.
traditional Chinese medicine trademarksjudicial protectioninfringement determinationempirical research
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