On The Legal System Of Certification Mark

The amendment to the Trade Mark Law of the People's Republic of China,which formally provides for the contents of certification mark,was passed in October 7^th 2001 to meet the increasing requirements for protection of Intellectual Property Rights after China's entry to WTO,and the legal system of certification mark in China is thereby gradually improved towards its perfection.The certification mark system is designed to effectively protect certification marks.In virtue of effects and functions of warranty,lead-in,introduction and protection by certification marks,the quality of products can be enhanced,enterprises developed,the rights and interests of customers and the famous and reputable commodities protected.Nevertheless,the system of certification mark in China,in comparison with those of developed countries,is far from specific in terms of its contents and there exist many problems in terms of the rules of administration of certification marks.These problems are obviously reflected by infringement by counterfeiting,confusion in management relations,the rights and obligations of the registration subjects and the ownership of certification marks, management of the use of certification marks and scrambling for registration of certification marks.It would negatively affect the development of China's certification mark system and the use and protection of certification marks if these problems couldn't be solved.Therefore,it is of significance and necessity to study the legal system of certification mark in China.In order to solve the problems of unclearness in content and confusion in management relations of certification marks,this essay probes into China's certification mark system,aiming to find a method to improve this system.This essay starts with the current certification mark system in China and,based on the comparison with the stipulations of foreign systems,points out some problems lying in the certification mark legislation in China.This essay also analyses the courses of these problems and suggests improving China's certification mark system while adhering to the protection model provided by the laws of trade mark.This essay includes four chapters.The first chapter discusses the concept an features of certification marks and distinguishes certification mark,common trade mark and collective trade mark to argue and support the importance of the legal system of certification mark.The second chapter discusses the certification mark systems in foreign countries and analyses the special contents and characteristics of the representative legal system in both the common law and the civil law.The third chapter discusses the problems existing in China's legal system of certification marks as well as the courses.The chapter also discusses the necessity to improve the certification mark system by analyzing the problems of infringement by counterfeiting,confusion in management relations,the rights and obligations of the registration subjects and the ownership of certification marks,management of the use of certification marks and scrambling for registration of certification marks.The fourth chapter of this essay,on the base of the analysis by the previous analysis,puts forwards some suggestion on the improvement of the legal system of certification mark in China.The chapter holds that the objective of this essay should be realized by borrowing the advanced regulation and measures in foreign countries, specifying the ownership of certification marks and the rights and obligations of the registration subjects,improving the management of the use of certification marks, providing for detailed rules for transfer of certification marks,and providing corresponding legal remedies for infringements,while sticking to protection model provided by the laws of trade mark as a precondition.