China And South Korea Trademark Disputes Settlement Mechanism Is A Comparative Study

Trademark dispute settlement system in China is an important and brand-new process involving both theory and practice. There are positive academic and practical development in both China and Korea, especially the great instructive value for building and developing the system, by establishing the settlement system on trademark and analysing the settlement between China and Korea. So far, however, we can see very few articles and works in this field. That is the reason why this paper tries to do research into this subject area. This paper is divided into six chapters:â… , Thought and ArrangementChapter One "trademark and trademark right" Trademark right, as a private right, is the premise upon which disputes arise. In this chapter, the concept, elements, characteristics and function of trademark will be examined; on the other hand, the connotation and scope of trademark will be explained in brief.Chapter Two "administrative dispute on trademark" Both China and Korea adopt the register protective system which provides registration as an affirmation to acquire the trademark right. The dispute referred in this essay is not only the civil dispute on trademark infringement but the one arising from the application to register between the applicant and the administration. This dispute derives from some necessary questions existed, such as the understanding of trademark registrability, the prior right, the similarity to others and judging standards. This chapter chiefly shows that the variety of disputes from application to resister between China and Korea and these disputes will be dealt by which department and settlement procedure.Chapter Three "The comparison of judicial review system on trademark" This chapter compare the two settlement systems of administrative dispute on trademark. One is in Korea, the same as China, which still settle the dispute by administrative proceeding. At present, China adopts the system in which the different trial forums in one court havedifferent responsibility to judge this two disputes. This paper will continue to comment on this system. And depending on the analysis of the essential attribute on this trademark dispute, advantage and disadvantage of the settlement and the protective degrees of the parties' rights in different procedures , this chapter brings forward its own opinion using reference on the settlement method and system of other countries and regions.Chapter Four "Dispute from trademark infringement" In accordance with the two chapters above which analysis the arising and the remedial method , this chapter and the one below tell us the dispute and the remedial method arise from trademark right performance among civil parties. The emphasis consists in the analysis on actions of trademark infringement, and further explicates essential attribute of dispute on trademark infringement. With the premise of analysis on the theoretical basis of trademark infringement, the author brings out her own viewpoint about the methods and judging standards on trademark infringement.Chapter Five "The comparison of settlement system on civil action of trademark infringement " In furtherance to the previous chapter, this chapter analyses the proceeding settlement system with the question above. For the settlement of civil action on infringement, there are two mechanisms: litigation and non-litigation. The former is our research there into. Because infringement belongs to the category of civil action, this chapter pays more attention to the sorts of civil remedy systems and the deficiencies existing in China and Korea. For the sake of perfecting these deficiencies, this part provides the thought and approach by comparison and reference. Moreover, this chapter does further research about the system concerned about Famous Trademark, points out the insufficiency about the protection of Famous Trademark in China and Korea and finally gives the suggestion to improve them.Chapter Six "Non-litigation settlement system" The private attribute of trademark right decides that it can be solved by non-litigation me...