Control On Trademark Infringement Under Perspective Of The Economic Law

When intangible assets is gradually more important today, the trademark value also gradually more important today. But despite of trade mark privileges has very strong common benefit character, Trade Mark act balances in society overall benefit as far as possible, this can not change the trademark private interests right attribute, is neither able to change Trade Mark defending maximal benefit of trade mark privileges. Meanwhile, Economic law act defending market competition order. From whose day of coming into being, "society one's own post " is basis right, One's attitude or position is clearly defined runs after society overall benefit maximization, behavior restricting trade mark privileges artificial run after individual benefit but encroach on society overall benefit.The benefit conflicts is the law source, the law has been seeking transforming balancing one kind, also balancing and making corresponding adjustment to culture and economic, making trademark infringement is such one kind of system arrangement. The author relies on the main body of a book, taking the economic law as theory, from economic law nature and value, we discuss to control trademark infringement.The economy keeping a foothold models after the main body of a book to the complement effect that trademark infringement controls. For setting off four laws being related to the law against competition by inappropriate means, Antimonopoly Act,the law about the Rights and Interests of consumers, the law on product quality, It hopes to perfect a setup of organ and supervision mechanism, and to expect that law carries out all-direction, the multiple echelons controlling on the person, the complete trademark building a transverse direction span protects system by the relevance wielding an economic law. And the deficiency that Trade Mark Act resolving only support controls to trademark infringement, also hopes to our country legislation controlling in trademark infringement and has on enforcing the law institute benefit.The main body of this book is six parts, total more than 30,000 words, except the preface and concluding remarks being styled.Main Part I content is trade mark privileges rights and interests agreement of protecting with economic law value, this part passes the relation discussing Trade Mark Act and the economic law in protecting trademark rights and interests, controlling the trademark infringement. It points out Trade Mark Act and the economic law the compatibility that value takes on controlling a trademark to the base, also makes the feasibility having brought forward the tort protecting trademark rights and interests, controlling a trademark infringement under economic law clear.Main Part II content is an introduction to trademark infringement, The author carries out a summary of main trademark infringement in the nowadays.Main Part III content is that The author carries out the necessity controlling on trademark infringement, it is the need being to protect consumer benefit, the need being to defend order of the market economy, the need being also to receive a track with world economy.Main Part IV content is drawing lessons to outside the border regulation and experience about controlling, expects to draw lessons by introducing each countries and regions of world useful experience, getting a few for our country.Main Part V content is to point out our country economic law in the defect and deficiency to trademark infringement controlling. It includes three aspect: Deficiency, our country going ahead in protecting consumer from being damaged by trademark infringement in the defect protecting trade mark privileges, active "Law on the Protection of Consumers' Rights and Interests" of our country currently in effect, "law against competition by inappropriate means "defect currently in effect".Main part VI content is specifically for these deficiency that our country exists in economic law, passes the experience drawing outside the border at the same time, brings forward our country economic law to trademark infringement suggestion.Secondary law perfects the main body of a book, the setup of organ, manages the suggestion superintending controlling that three aspects brings forward to trademark infringement, expect to have certain reference value to our country on trademark infringement controlling.