- 期刊
Application of the Principle of Exhaustion of Trademark Rights under the System of Concurrent Judgment for Class Cases‐‐Take the Case of C City Trademark Infringement Dispute as an Example
摘要
As the market economy is highly developed, the circulation of commodities and trading methods are more rapid and diverse, and the abuse of trademark rights by the owner of commodities will restrict the free circulation of commodities and reduce the market activity. The principle of exhaustion of trademark rights has been affirmatively stipulated in the world, and the academic circles in China are mostly in favor of this principle, but the legislation on this principle is still missing in China, and the judges' perception of this principle is also different. The introduction of the system of the same judgment in such cases is of great significance to the uniform application of the principle of exhaustion of trademark rights in China. This article takes real cases as the premise for consideration, and takes the current situation of the application of the principle of exhaustion of trademark rights in my judicial practice as a guide to derive the significance of the same system for this principle, enumerate various practical dilemmas in the application of this principle in individual cases, and put forward corresponding application suggestions, with a view to providing a practical reference for the judicial practice involving trademark infringement in China.