중국 상표의 합리적 사용에 관한 법적 검토

The trademark law, like other laws of the intellectual property sector, not only protects the trademark owner’s exclusive right to use the trademark, but also protects the public’s interests in relation to the trademark. The fair use system of trademark, which is an important part of the trademark right restriction system and balances trademark rights, which created for the public interest of people and society. The trademark fair use system can prevent trademark owners from abusing their rights and protect the interests of consumers, meanwhile fully reflects the constitutional principle of freedom of speech. Therefore, it is of great significance to establish a trademark fair use system. The Trademark Law revised in 2019 also partially recognizes the fair use of trademarks, Article 59 only provides for descriptive fair use of trademarks. However, this clause does not include other types of fair use of trademarks. Due to the lag of legislation and the novelty of new technologies, there are more and more infringement cases concerning the fair use of trademarks in Chinese judicial practice, but there are no complete laws and regulations to follow. Therefore, it is also an urgent need to establish a sound trademark fair use system as soon as possible. This article analyzes the problems in the fair use system of Chinese trademarks, drawing on foreign legislation provisions and theoretical development. It also combines with the status quo of the fair use system of trademark rights in China, and it also puts forward suggestions on improving the fair use system of trademarks from three aspects: the fair use of trademarks, the system of fair use of trademarks, and the criteria for judging fair use of trademarks, so as to deal with problems in China's judicial practice in a timely manner.