Research Of The Trademark Right Limitation System

This is the age that a brand extends, today in economic high-speed development, people need to establish relationship with each kind of merchandise of myriad shapes everyday, in other words: is each kind of merchandise marking which wants together myriad shapes to make contact with. The trademark has become people daily life the necessary part, China after joining the world trade organization after organizing, government and business enterprise increasingly value to the trademark power's protection, however, and flourishing nation frequently the modern market economy of a hundred years compare, the margin of the Chinese market economy and flourishing nation can't with "inside" account,, China of relevant law the provision still can't adapt state of the nation completely, open of Chinese market is a battlefield of "brand war", the group of heroes chase deer" necessarily, at this time Chinese government should the absolute being of[with] the incarnation fair justice, guard those the outstanding merchandise of the prestige , quality, even want to keep brand from making use of a pre-eminent position at the time of prevent0 forming a trademark infringement, legal system of loophole or he grows a way to strangle the strength of[with] commercial circles hope. The right extends with restriction, the controversy of public-spirited and private benefit, have been the law necessary topic, the trademark power is a kind of private power ineluctable take go into arrive with other rights conflict in the middle, how equilibrium benefits, better guarantee the trademark power person's legal rights is a textual point of departure.This text is totally divided into a four-part cent, going into business to mark to develop condition with the trademark power origins and history to commence first, passing the analysis to the development condition of the trademark power contents and present, and hope passing by talks about to the right .Equilibrium benefits theory. The legal theory of economic analysis etc. intelligent property right is analytical, inquiry into the rationality of the restriction of trademark power and concrete way, and try some problems which appear to the Internet to carry on a critique.