Research On The Rules Of Trademark Right In TRIPS And Comment On Chinese Protection Of Trademark Right

The TRIPS is an important document of intellectual property protection which is embraced in the agreements governed by WTO. On the base of the treaties of WIPO such as Paris Convention and Berne Convention, TRIPS brings the protective rules and applicative standards of every kinds of intellectual property into a single international treaty for the first time. Its high standard substantive regulations, rigorous applicative procedures and compelling dispute settlement system establish a more comprehensive and strict system of international intellectual property protection, which pushed the protection of intellectual property rights at times of intellectual economy to a new height. As an important industrial property, trademark right naturally becomes the main protective object of TRIPS. The regulations of the protective content,scope and implication system change the previous features of trademark protection, standardize the order of commodity circulation effectively, conscientiously guarantee the interests of lawful operating personnel and consumers and ensure fair competition. At present economy globalization is speeding up and the integration trend is increasingly intensifying. The protective content of trademark in TRIPS is just the focus reflection and expression of this trend and it become the important problem to the research of international trademark protection. As a number of WTO, China must make its domestic law in accord with the demand of TRIPS. The research on the rules of protection of trademark right in TRIPS is of significantly instructive and stimulating effects for the protection of Chinese trademark.In light of the positive transform the TRIPS acts on the previous system of international trademark right protection and the far-reaching infection that TRIPS acts on the internal trademark laws, this paper is aim to research on the trademark right rules of TRIPS and to comment on Chinese protection of trademark right after linked up with the TRIPS. The paper has four chapters. Chapterâ… presents the rules of trademark right in TRIPS. Firstly it analyzes the backgrounds when establishing these rules that the development of world economic globalization and integration ask to give strict and identical protection to the intellectual property including the trademark right, but the traditional system of legal protection can't fit this request. Secondly, it presents the main subject of the trademark rules in TRIPS including the basic principles,substantive regulations and the procedure of formulation and enforcement for the protection of trademark. Chapterâ…¡discusses the relationship of the rules of trademark protection between TRIPS and Paris convention. By comparison with Paris convention, it concludes the patulous subject and the new rules about trademark right protection in TRIPS. Chapterâ…¢comments on the regulations of trademark right protection in TRIPS. It analyses the new developmental trend of trademark law, points out the discrepancies in TRIPS, then puts forwards some suggestions for more sufficiently and perfectly protection of trademark right. Chapterâ…£advances related opinions to perfect Chinese Trademark right protection on the basis of the absorption and reference that takes from TRIPS.