Research On The System Factor Of Trademark Infringement's Governance In China

System is a kind of conduct rule. This rule leads individual to pursue the maximal avail. Nowadays market competition is very keen. The trademark will be more and more important for the corporations in the future. So the trademark stratagem should be put in practice widely. It is regretful that the trademark's infringement can not be abandon in China. Some of the antecedents of trademark's infringement lie in the limitation of governmance system of trademark infringement.As a whole, the academe did research on trademark law by means of qualitative method in the past. The research methods in my paper include multi-objective decision theory, game theory, and statistics. The significance for the research means the extension of these methods, the enlargement of trademark research and the promotion of law development. So the paper has the academic value and practical significance.The research of my paper comprises these aspects. (1) The paper treats the trademark's owner, the pirate, the consumer and the government as the actor in the model of game theory. (2) According to the method of topsis in multi-objective decision theory, the paper designs the model in order to choose the best system. (3)By means of the statistic test, the paper examines the theoretic conclusion. (4) In the end, the paper tables some proposals about system factor of trademark infringement's governmance.My paper obtains the conclusions as follows. (1) The trademark's owner is the whole show in trademark infringement's governance.(2) The duty of the government is to constitute the rational degree of punishment, to reduce the cost of administrative management, to intensify the burden of correlative department, to lower the illegal profit from the infringement and build a joint-action mechanism. Moreover, the cost of administrative management is more important than the degree of punishment. (3) The cognizance of trademark's infringement needs to be reconstructed. The legal appraisal and market investigation can be applied to the judge of trademark similitude. The rule of trademark's infringement should adopt the principle of fault understandability. The judge of cause and effect ought to be based on the probability that the party can change the damage's appearance.So the farfamed trademark should be protected distinguishingly.(4) The value of trademark is the foundation of calculation criterion about damage compensation. The judge should take the evaluation method of the market in the lawsuit of trademark's infringement. (5) The existence of consumer's inertia has the economic reason. The law should endow the owner of trademark with the right to beat dummy primarily. The owner of trademark should help the consumer exert the right. At the same time, the occupational action of striking trademark's infringement should be protected and managed by means of legal method.The paper applies the methodology of management science to the legal domain.So this paper is innovative in a sense.