Foreign Trademark And Choice Of Law

For long time, the trademark has been adhered to the strict region principle, as aresult, the traditional conflict seldom happened.But gradually along with thedevelopment of international social and the economic , especially the value thattrademark is the business enterprise immaterial assets has been greatly promoted, manyprotective international treaties about trademark appeared successively.The strict regionprinciple was subjected to a narrow scope.and the international protection of thetrademark has been closely concered by a lot of countries.Currently,the research aboutthe trademark of international protective theories are not enough. Our legislation aboutthe trademark of the international proection has been established ,but there is still someplace which is in out of line with the international treaties about trademark.In the legalpractise,there also exist a lot of disfutes about trademark commerce.It reflects thelimitation in the protection of trademark by out country,out society and the businessenterprise.It also counteracts the development of out business enterprise in theinternational world.This text tries to clarify the issue from two angles of view,one is the international treaties,the other one is the conflict law.Through the analysis of the two protective methods,and with our legislation and the legal practice of the protection of trademark,the author wants to give some constructive advise on the lex application of our trademark.with the hope that our business enterprise which has actively engaged in the international competion can develop swiftly and stablely.