The Comparison Of Trademark Infringement Liability In China And The EU

The trademark legal system of today, as an important part of the legal system of intellectual property rights, its formation and development has close connection to the world's economic development and integration.The legislation of the identification of trademark infringement in China is enough. But the protecting institution of the identification of trademark infringement is not complete. The protection of identification of trademark for the right's owner is overly depended on the government. The protecting institution in China executes double-track pricing system, namely the law enforcement of administration and judicial authority. Compared to China, the EU has built up a transnational, uniform and exclusive intellectual property rights system on this basis-Community Trade Mark (CTM), which is valid and enforceable in all 27 member states within the EU. The identification of trademark infringement in the EU is usually gotten through compromising settlements of civil matters. The office of harmonization for the international market is just a specialty administration for legislation, execution, technique and financial. The investigation and prosecution for identification of trademark infringement are not to through punishing and orders, include detaining fake commodities. The enforcement is limited in courts, policemen, customs and the administrations of member states in the EU.The EU and China have the tradition of economy. At the same time, The histories for legal system and institutions in Hong Kong and Macao were separately influenced by England and Portugal deeply. So they provide convenient for bilateral laws interflowing, especially protecting ownership of trademark. Simultaneously, the legislation of intellectual property and protecting ownership of trademark in EU bear studying. On. that account, this essay will analyze the. comparison of trademark infringement liability in China and the EU, ext. I hope obtaining some revelation and take some advisement in the revising for the new Trademark Law.