The Preliminary Study On Commercial Mark Uniform Legislation

With the development of economy and technology, the status and function of commercial mark become more prominent than old age, at the same time, it's relationship with our everyday life turns tighter than ever. On the other hand, commercial marks themselves also have a huge change and so many kinds of new commercial marks came out accompanied with creation of science and technology. At present, only trademark law outstands in the area of commercial mark, but it can't copy with all kinds of complicated problems and the legislation of commercial mark is in a very embarrassed state. Therefore, it is essential to change this state. This dissertation frames at this very kind of background.The dissertation includes six parts.Part I is introduction. It mainly demarcates and discriminates among mark, commercial mark, products mark and trade mark, then makes their relationships tum clearer, as a result, it will set up a consolidate basis for the following discussion undoubtedly.Part II is chapter one. This chapter will expound what kinds of commercial marks there exist concretely. They include chiefly non-registered trademark and registered trademark and trade name and name peculiar to goods and trade dress and trade character and certificate mark and geographical indicate and domain name etc. Of course this isn't enough, its extension will continue to expand with thedevelopment of commerce and support of technology. Furthermore, it will also analyze functions of commercial mark to go step further.Part III is chapter two. In this chapter, it will pay more attention to the commercial mark legislation in china. Firstly, owing to the decentralized legislation model, conflicts of commercial mark rights are very fierce nowadays. Secondly, as for the trademark-monololized legislation model, it can't regulate some new commercial mark, thus so many law blind-areas appear and the order of commercial area needs to maintain imperatively and it's inevitably to strengthen the commercial mark uniform legislation.Part IV is chapter three. This chapter will elaborate and analyze the necessity and feasibility of commercial mark uniform legislation. About its necessity, the dissertation will try to expound further from three aspects. Firstly, new circumstances call for commercial mark uniform legislation. With the entry to WTO, challenges and opportunities appeared at the same time. In order to conform to its demands and principles, speeding the uniform legislation of commercial mark will be important and it is also beneficial to fill those law blanks and to promote the process of Chinese globlization. Furthermore, the rising of electronic business also requires the uniform legislation. Secondly, from the perspective of juris-economics, the uniform legislation is helpful to cut down legislation costs and enhance legislation quality and avoid those conflicts of commercial mark rights effectively. Lately, it is about rethinking in philosophy. The uniform legislation of commercial mark satisfies essential requests of efficiency and order and safe value. In the aspects of realistic feasibility, this article will analyze from theoretical basis and reality basis two facets. First of all, the theory of commercial mark uniform legislation establishes on the common basis of theory. It will be proved from four sides: common mark's nature and relation on essence and relation on function and relation on utilization. And its basis of reality includes legislation and economy basement mainly.Part V is chapter four. It will consider the reestablishment of Chinese commercial mark legislation and make some suggestions too. There are four sections. Section one will discuss the commercial mark legislation model. It concerns aboutthree legislation models. But the combined legislation model of trademark law and opposing unfair competition law and intellectual property uniform code model both have their malpractices and lacks, so it's very significant to formulate a uniform code of commercial mark law and it is the best choice of system. Section two will analyze...