Exploring the Evidentiary Value and Influence Mechanism of Inheritor Identity in Intangible Cultural Heritage Trademark Infringement Cases
Year: 2025
Type: article
Abstract: The purpose of this paper is to explore the evidentiary value and influence mechanism of the identity of the inheritor in intangible cultural heritage (NRL) trademark infringement cases. Based on the empirical analysis of 113 valid judgement documents between 2009 and 27 February 2024 on Beida Law Treasure platform, using multiple linear regression method, the study found that the influence coefficient of inheritor's identity in non-legacy trademark infringement cases is not significant, while factors such as geographic distribution and the number of legal articles based on which the judgement is made have a significant impact on the final outcome of the trial. At the same time, service marks and commodity marks show different characteristics in non-legacy trademark right infringement cases. The study not only provides empirical support for the protection of ICH, but also puts forward suggestions to strengthen the review and supervision of the improper use of ICH service marks, from a comprehensive perspective, focusing on the direct impact of the identity of the inheritor, but also exploring other relevant factors and the differences between service marks and trade marks, which is of great practical significance and theoretical value in guiding the practice of ICH protection and improving the system of ICH trade mark right protection.
DOI: 10.54097/jb86xc43
Author: Ran Shao
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408073348