Destroy the rogue of the malicious trademark
Come on
According to the report of Legal Daily, according to statistics, as of March, 2017, there were 83 malicious trademarks registered on an e-commerce platform using attribute words such as common and descriptive in various industries, A malicious complaint was made against 110000 items of over 15000 merchants, and the merchant’s loss was estimated to be several million yuan. The total number of products that these malicious trademarks can actually complain about is nearly 60 million, involving 9 million merchants.
The essence of the initiator of malicious trademarks is the “IP hooligans” which is covered with the legal cloak of intellectual property rights and engaged in professional porcelain touch “.
As for malicious registration of trademarks, Article 31 of the trademark law stipulates that “trademarks that have been used by others and have certain influence shall not be registered in advance by improper means”. And it also stipulates that the compensation amount can be determined within the range of 1~3 times of the amount according to three ways, such as the loss caused by infringement, the benefit obtained by the infringer due to infringement or the license fee for registered trademarks. If it cannot be determined, compensation can be made according to the high limit of 3 million yuan.
Although the legal provisions are quite complete, this “IP hooligans” is still fearless. It is necessary to fight back strongly. First, the green channel for declaring a trademark invalid should be unblocked. If experts suggest, the platform should communicate with the trademark administrative authority plus-sized to establish a rapid response mechanism for detecting and declaring malicious trademarks invalid, to ensure that a series of injuries brought by these “hooligans” are prevented in time.
Secondly, establish a “blacklist” system. If the use of other people’s registered trademarks and unregistered well-known trademarks as font names in the enterprise name mislead the public and constitute unfair competition behavior, it shall be dealt with in accordance with the anti-unfair competition law; and put these “malicious trademarks” into the “blacklist” management; It is also necessary to strengthen trademark credit supervision, explore the implementation of “Internet + supervision” mode, and realize the sharing of “blacklist” data.
As long as the supervision is strong, these “IP hooligans” are not Xiaoqiang who cannot be beaten.
Yang Yulong (civil servant)
According to the Legal Daily report, according to statistics, as of March, 2017, 83 malicious trademarks have been registered on an e-commerce platform using attribute words such as common and descriptive in various industries, malicious investment was made on 110000 items of over 15000 merchants.
