The Analysis Of The Regulation Issues Of The Certification Marks

The abuse of trademark is the owner does something harm to the competition in the market order in virtue of the market power which though the formation of trademark rights in the process of using his rights. The abuse of trademark is an anti-competitive behavior, but also a tort, a violation of consumers and the general public interest. Therefore, as a form of abuse of intellectual property rights, it has been more fully the researched, but study of this issue for almost all started around the corporate trademark. September 2009, September 2009, Jingdezhen enterprises to use Certification Marks "Jingdezhen Porcelain" should pay for it or not that had become a hot topic in network. This also presents us with a problem:certification mark is different from the ordinary trademark, whether the Ceramic Association has the qualification? Whether the conduct for business activities? The impact of competition on the market, whether incorporated into the trademark abuse in the areas of antitrust regulation?Therefore, this passage from both the subject and the behavior to demonstrate the trade association should be included in such an act the acts of abuse of market dominance by the "Antimonopoly Law" and "Anti-Unfair Competition Law,"Construction of the abuse of anti-competition law certification mark system is not done overnight, what we have to do is based on the Chinese situation, the abuse of trademark rights on the one hand improve the hierarchical regulatory system, on the other hand is to the industry association position on the competition law should more clear and specific; recommendations should establish a government-led, industry self-control, self-discipline combined with the government's regulatory system; from the spirit of competition law and the legal purpose of the legal proceeding, to find the balance of rights and obligations...