Font Size: a A A

A Legal Analysis On Management Of Enterprise Trademark Right

Posted on:2006-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:K L ShaoFull Text:PDF
GTID:2166360152485106Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the evaluation of profit chain in world industry, 80% of the profit focuses on the core of license about intellectual property right (IPR), especially on trademark and patent, 10% of it falls in machining area. For the low-cost labor force, China attracts a lot of international investment and gets corresponding profit. Actually we will lose the predominance on cost of labor force and raw material one day. If we cannot upgrade our status in the industrial chain, our economy will be in a crisis. Established in the theory that a strong country is built on wealthy enterprises, this dissertation will discuss the maintenance and management of enterprise trademark right with a view of law analyzing on the microcosmic level. That is to say this dissertation will assign a main thread of stipulation on trademark right from trademark law system. It can be used to analyze and link the whole trivial measures on trademark administration and make sure that trademark administration has been put on a strategic level. The dissertation will analyze the administration on trademark right of enterprise combined with theoretical and practical method from a view of law and management. This dissertation comprises four components: Part I is about the base of organization and system for the administration on trademark right of enterprise. The author considers there should be a special department which is responsible for the plan and harmony of the administration on trademark right and establishing related system of administration on trademark right of enterprise. Part II concerns arrange planning of trademark right of enterprises. Based on the stipulation of object and trademark right of trademark law, this paper analyzes arrange planning of trademark right of enterprises in detail. Firstly we focus on the design of the trademark, aiming to get the registration and better legal protection in the future. Then goes the plan of application for registration, including the arrange plan on countries and catalogues of goods during application for registration, discussion on how to choose the exact time. Part III focuses on the using administration on registered trademark. How to make appropriate and effective use of trademark becomes one of the key content of enterprise trademark administration, therefore it's necessary to manage using of trademark right. As soon as the stipulation of trademark using is concerned, this part discusses the following aspects: (1) strategic choices on trademark using, especially including the strategy of combination and link of some IPR; (2) the problem of appropriate trademark using, including combination with other commercial signs and strategic training for employees on related legal knowledge and the system of enterprise; (3) administration of trademark license, aiming to avoid damages from inappropriate licensing; (4) pledge of trademark, trademark using in joint ventures, crisis administration and dispute during trademark using, etc. Part IV focuses on the right protection of enterprise trademark, mainly discusses all kinds of protection measures on trademark right, including defending and raiding system to trademark right infringement. Firstly we analyze measures of exception and annulment of trademark right. And then we focus the stipulation of law about infringement and crime on trademark and give the corresponding advice for enterprise. With the reference to TRIPS, we further discuss the stipulation of our legislation on handling the special counterfeiting machines andsome deficiencies in practice. Finally, we also discuss the dilution of trademark, hijacking of trademark on domain name, trademark protection from customs, new arisen trademark infringement.
Keywords/Search Tags:trademark right, legal analyses, trademark administration, use of trademark, trademark protection, well-known trademark
PDF Full Text Request
Related items