Chinese Trademark Law's Differences With The Trips Agreement And Its Improvement

In coping with entering into WTO, China amended the Trademark Law in 2001"passively". The reason why that amendment is considered to be passive is that the purpose for that amendment is to make Chinese Trademark Law corresponding with the TRIPS Agreement, and actually that is fulfilling our commitment to the world when entering the WTO. It seems that the Trademark Law still has some disparities with the TRIPS Agreement. As for the regulations which have not reached the standard of the TRIPS Agreement, we need to raise their standard so that we can raise our country's credibility in the world by fulfilling the commitment; as for the regulations which have surpassed the requirement of the TRIPS Agreement, we should consider sufficiently whether these high-standard regulations are suitable for our country's actuality and beneficial to the development of our economy, society and other aspects. Currently, the State Administration of Industry and Commerce has already submitted the review version of Trademark Law to Legal Affairs Office of the State Council, which means the third-time amendment of our country's Trademark Law has entered into a crucial moment. The amendment of this time has translated from"passiveness"into"activeness", and the main purpose of the amendment this time is to change some regulations of the Trademark Law currently in effect that are not suitable for our country's actuality, making Trademark Law more corresponding with TRIPS Agreement and play bigger role in the development of our country, the public, economy as well as society. It is easy for us to notice that this amendment for the third time itself is already a big progress. Seeing from the review version, it is true that many imperfect regulations have been amended, but some problems are still kept at the same time. Realizing the existing problems in the review version has a great meaning to the third-time amendment of Trademark Law. Besides, mentioning intellectual property law, one theory cannot be ignored, that is the theory of balancing of interests. In the process of the third-time amendment of Trademark Law, we must give full consideration to the balancing of interests between developed countries and developing countries as well as the balancing of interests between trademark holders and the public. Only under the direction of the theory of balancing of interests, with full consideration of our national conditions and in the frame of TRIPS Agreement, can our country's Trademark Law have extraordinary success.This thesis will compare our country's Trademark Law currently in effect with TRIPS Agreement and analyze from seven aspects of the purpose of legislation of Trademark Law, the constitution of trademark, the affirmation standard of well-known trademark, the right of prior use of trademark, the restriction to the right of registered trademark holders, the revocation of non-used registered trademark for three constant years, and trademark infringement. This paper will analyze the influences these disparities have on our country with the consideration of the theory of balancing of interests and our current national conditions, and analyze the review version's disposition of the seven problems and raise further suggestions for improvement.