Abstract
The phenomenon of trademark malicious prosecution is common, endangering individual private rights and public interests, and the existing legal system is difficult to effectively regulate and remedy the rights of the defendant. In response to this dilemma, it is necessary to establish a punitive damages system to regulate the nature of trademark malicious prosecution based on the "abuse of rights". It is necessary to clarify the criteria of "malicious prosecution" and "seriousness of the circumstances", as well as to formulate the scope of compensation in line with the "optimal deterrence" and balance of interests, to protect the interests of the relevant rights holders, maintain market order and judicial authority.
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