PvP doesn't random mean PKing. At endgame most of the PvP in this game will be about Castle sieges, nodes/town wars, GvG etc. This is not WoW where PvP players have nothing better to do other than go and kill random people for the lolz. Sure, you will occasionally get killed by a psycho but I don't see this as huge issue right now.
As for upper hand, people already have the upper hand. There are lot of players at lvl 55 and they can very easily go around killing level 45. They don't need uber gear for that but that simply doesn't happen now.
Anyway things might change. The developer might reduce the penalty later on for PKing but if I have fun right now for $30 who cares?