Research On Chinese Legal System Of Trademark Rights Under TRIPS Agreement

Agreement on Trade-Related aspects of Intellectual Property Rights is the most influential international agreement on the world scale at present. Therefore, it is paid much attention by all countries. The protection of trademark rights is one of the most important part of TRIPS agreement. After China's entry into WTO, Chinese government modified and enacted new Trademark Law, Rule of Implementation of Trademark Law and some other judicial explanations, in order to accord with the requirements fixed in TRIPS agreement. But Chinese legal system of trademark rights still has many deficiencies, which need to be perfected. This paper is divided into 5 parts.In part one, I briefly introduced the main content and main principles of TRIPS agreement. TRIPS agreement is an international agreement which is of wide aspects, high protection level and strong enforcement on the world scale at present. The agreement on TRIPS makes a new level of the world's protection of the intellectual property rights.In part two, I introduced the main questions of legal system of trademark rights in detail. First, I introduced the concept and function of trademark, which are the fundamental questions of trademark. Second, I analyzed the basic kinds of trademark, which is a very complicated question. Knowing all kinds of trademark can help to understand the legal system of trademark rights comprehensively. Last, I discussed trademark rights, which is the fundamental part of trademark law. The application, registration, acquirement, use and protection of trademark are all connected with trademark rights.In part three, I discussed the legal protection system of trademark rights enacted by TRIPS agreement. The protection of trademark rights is one of the most important compositions of protection of intellectual property rights; there is detailed content in TRIPS agreement.In part four, I discussed the connection between TRIPS agreement and Chinese legislation of trademark. After China's entry into WTO, China has to perform the requirements of protecting trademark fixed in TRIPS agreement. So China enacted some law about protecting trademark to accord with the requirements fixed in TRIPS agreement. In part five, I analyzed the gap between Chinese present legal protection system of trademark rights and TRIPS agreement. Based on the analysis, I made several suggestions on perfecting the legal protection system of trademark rights.