The Improvement Of Administrative Settlement Mechanism On Trademark Dispute

As the result of commodity economy, not only can trademark make consumers distinguish these goods and service from others, but also can it bring much economic benefits to manufacturers and marketing managers. However, with the development of community economy and technology, trademark dispute is creasing. As a result, the traditional methods of solving dispute face great challenge. For the specialization, diversification and complication of civil dispute, the whole world is reforming the judicial system, as well as developing extra judicial methods of dispute. Comparing to judicial methods, administrative settlement mechanism takes on efficient and flexible properties. So the administrative settlement mechanism of civil dispute deserves much favor. As well, trademark dispute is private right, which has close relationship with power. It needs high technicality and it refers complex benefit clusters. All these characters determine that administrative settlement mechanism gives more superiority than judicial methods in solving civil dispute. Besides, administrative settlement mechanism takes more easily in practice in the view of conventional concept and power's sublime place in people's hart. However, there isn't sophisticated administrative settlement mechanism in our country. Trademark law provides that the department of administration for industry and commerce could make administrative determination and administrative mediation, but it didn't regulate on their legal effect or procedure settings. It will lead rules and law practice out of joint. At the same time, Trademark law and other laws didn't refer to the law remedy of administrative determination and administrative mediation, which not only leads to the difficulty of law practice, but also makes the department of administration for industry and commerce avoid administrative settlement mechanism only because of fearing about undertaking law responsibility. So we should improve the administrative settlement mechanism on trademark dispute in order to preserve the obligee's lawful right and interests and steady market economy.There're four parts in this article.The first part defines some notions of administrative settlement mechanism on trademark dispute. The author states the research area and lays a foundation for analyzing the rationality of trademark dispute by analyzing notions and their law characters.The author analyzes the validity of administrative power interfering trademark dispute in the second part. Firstly, the author explains the administrative power, which points out that administrative power doesn't base on checks and balance but equals to administrative lawsuit. Then the author explains validity of administrative power interfering trademark dispute from lawful and reasonable cases. Both base on the society background of administrative power interfering civil dispute.The third and fourth parts points out the defects of enacting legislation of administrative settlement methods by analyzing the existing administrative settlement mechanism on trademark dispute. It also points out some advice on adding administrative arbitration. At last, considering about combining administrative determination, administrative mediation and administrative arbitration, the author gives some advice to improve administrative settlement mechanism on trademark dispute.