The Evolution of Trademark Law in the Digital Age: Balancing Brand Protection and Competition within the Global Intellectual Property Framework

Abstract

Throughout the evolution of trademark law, the protection of trademarks has undergone a process of trademark propertyization. Initially addressing trademark confusion through “fraud action,” it gradually transitioned to direct recognition of trademark rights as a form of property. In the digital age, the trend towards trademark propertyization has deepened, leading to an expanded scope of trademark rights protection. This heightened protection increasingly constrains others' freedom of action, highlighting the growing conflict between private and public interests. Simultaneously, with the rise of global intellectual property protectionism, trademark propertyization has experienced further expansion. However, it is important to note that excessive propertyization may come at the expense of fair competition. Therefore, within the framework of international treaties, it is essential to seek countermeasures to mitigate the negative impact caused by this expansion and achieve a balance between trademark protection and market competition.