A Comparative Study Of Sino-Canadian Trademark Law

A trademark is a product of the modern economy, it is an important intangible asset, and its role can not be ignored in the development strategies of enterprises. Because it carries the hopes of companies, reflecting the industry characteristics of the enterprise culture of accumulation.In this paper, the research and analysis between the Trademark Laws of China and Canada, pointing out that the history of their respective trademark laws, the difference between the characteristics and focus on an analysis on the issue of different provisions of the Trademark Law in Canada to highlight advanced in these areas and pointed out a number of shortcomings in China's Trademark Law. These studies have important practical significance on the improvement of China's trademark legislation and the establishment of enterprise trademark strategy.The analysis of the similarities and the distinction between the two shows the inadequacy of China's trademark legislation and something that we could learn from trademark legislation in Canada in this paper. In this paper, the writer uses some research methods such as comparative analysis and theoretical analysis, focusing on trademark elements, trademark applications, trademark rights and their protection, well-known trademarks and so on. The main research results include:(a) The Trademark Law of China was born in the planned economy era, and it was restricted by the planned economy system, many conservative and rigid constraints, so it was of the congenitally deficient; in the market economy era, there are two major changes in the trademark legislation, especially in 2002 the changes to the Trademark Law has been a qualitative change. This article pointed out that the development of China's trademark law and the significance of the changes, and focuses on the composition of the trademarks, trademark rights, trademark infringement and protection of well-known marks;(b) Canada trademark law has two systems, the common trademark law system and the federal system. This article introduces something on the protection of trademarks and trademark rights of the different provisions of the two systems by comparison, focuses on the content of the federal trademark law, including the definition of trade mark, trademark structures, trademark registration, trademark infringement.(c) Some similarities, including the elements that prohibit the trademark registration of, trademark infringement, proof trademark.