Reflection And Improvement Of Value Balance On Chinese Trademark Law

With the rise and development of knowledge-based economy, the contribution rate of knowledge to world's economic development is on the rise, and people gradually discovered the value of knowledge: the most efficient factor of production. Since that trademark, as an important part of intellectual property, has been attached great importance to countries in the world, the protection of trademark rights is also increasingly improved by China's Trademark Law. But we should also see that when trademark rights are fully protected, there has been a trend that trademark rights is expanding unreasonably, which have been damage to the legitimate rights and interests of consumers and competitors, undermined the fair competition order of market economy.I believe that a modest expansion of trademark rights must be combined with a reasonable constraint, which is the correct attitude towards the mark. To mark the exclusive right, a "golden point" should be found among the Trademark owners'exclusive rights, consumers'legitimate rights or interests, and competitors'legitimate right to compete, so that forming a dynamic balance among the three kinds of value to achieve static balance. Realization of social value maximization by mutual restrain, is the maximum value of the Trademark Law.This article aims to address the current trend of rights expansion and value imbalance of trademark, from a legal concept and classification of the value balance, starting with analysis of three kinds of values containing in Trademark Law. To achieve the maximum value and the rationalization of the Trademark Law, a balance should be met between private right and public value, such as people's trademark rights and privacy, consumers' legitimate rights and interests, and competitors' right to fair competition, as well as the relationship between them. A brief historical analysis to the development value of Trademark Law revealed that the original value of the trademark is to identify and prevent confusion. After making a brief theoretical analysis in this paper, a theoretical and practical point of view is pointed out: the value of the trademark system is not only a return to the original intention, but also the value of fairness and justice, and should be an inevitable choice to improve the overall efficiency of the socio-economic.In reality, the phenomena of trademark rights abuse in China are caused by value imbalance of Trademark Law, such as conflicts with prior rights, unauthorized expansion of the trademark rights scope. The existence of this phenomena lead directly to a harmful results to economic order. On ground of this, various reasons are discovered by analyzing the value imbalance caused by China's trademark law: China's economic development stage limits the stage of Law development, market economy, and the human's native of profit-driven form the desire if right expansion, lagging the legal theory and so on.After investigating TRIPS agreement, regulatory methods and legislative technique of the United States, Taiwan and other countries and regions against trademark rights to expansion, the author proposed that Regulation should be learned from international experience, and combined with characteristics of China's economic development stages, by domain trademark law and anti-monopoly law. The recommendations or point of views are: legislative principle of trademark law should to balance social interests of all parts, and prohibit the abuse of rights. "Cause confusion" should be identified as key element of tort, rather than representation, and the rights holders should be regulated by all links of the trademark rights such as generation, execution and sanctions. Monopolistic behavior of trademark rights should be regulated by anti-monopoly Law, as an external security method.