Property Rights Restrictions

The conception of the rights and of the restrictions are both important in the law. If it is entitled to enjoy the rights, it must certainly undertake the obligations. They complement each other, and can not be separated. In the field of intellectual property, along with proprietary intellectual property rights restriction, the emergence of intellectual property rights would also be constituted. Intellectual property rights restriction is unique to the field of intellectual property, and it also close to intellectual property rights. Trade marks, patents, and copyrights, which are as the three main areas of intellectual property rights, are all restrained by the theory of intellectual property rights restriction without exception. However, due to the different characteristics of the three areas, the restrictions of them are also different. The trademark as one kind of intellectual property rights of course has its own characteristics.This paper discusses the restriction of the trademarks is mainly from the rational use of trademarks, the trademarks parallel importation and the restriction of the well-known marks. The writer analyzes the legislation and purpose of the restriction of the trademarks in china by refering to the law theories, and citing the advanced experiences of foreign laws. Form the interests balance of intellectual property rights, it discuss the meaning and the basic theory of the rational use of trademarks ,and divides it into commercial use and not commercial use; From the economics, it discuss the definition and emerging reasons of parallel imports. As to the problem of restriction of the well-known marks, the writer considers that it not only the restriction to the holder but also to the others. These two kind of restriction should reach balance by restricting the interests. Therefore, the writer makes clear the definition and the specialization of the well-known marks firstly, and then discuss how to use it.