On Rights Restriction Of Registered Mark

Rules on rights restriction of registered mark which is expected to reflect the equal distribution among the rights holders, users and consumers and realize the fair and just value of trade mark law, contribute to protect the exclusive rights of the holders, meanwile limit the conflict between the legal users and the public interests.Researches on rights restriction of registered mark in China start late, for example, till in newly issued "rules to set forth trade mark law", the principle of reasonable use is firstly provided by Article 49, but it also doesn't specify the judgement crieterion of reasonable use, etc.So due to different judgement of construction and values of reasonable use, different results will appear in same cases.As to exhaustion trade mark and parallell import, which haven't been provided in TRIPs, as well in Chinese legislation, just because of equal interests.Along with China's accession to the WTO, such suits must be coming constantly, which makes rules of parellell import suiting for China certainly.But uncomplete legislation puzzles judicature. By now cases concerned on rights restriction of registered mark are increasing. The writer will try to make some researches on the cases from judical practice, from two aspects: theory and practice and on the base of foreign legislation and cases as reference. The thesis aims at some disputes in the system of rights restriction of registered mark, such as reasonable use to trade mark, exhaustion trade mark, and parallell import, and finally expects to explore certain judgement crieterion as reference in judicial practice.