Local Administration Of Industry And Commerce And The Protection Of Trademark In Electronic Commerce

With the rapid development of world economic integration and the coming of knowledge economy era, networking and globalization has become an irresistible trend of the world. E-commerce achieves the rapid development along with the rapid development of network technology. According to the Commerce Department, it is expected that in the next10years,70%of the trade volume in China will be done through electronic transactions; e-commerce will become a mainstream business economic model. At the same time, counterfeit trademark infringement, unstandardized trademark licensing in e-commerce also come after that continuously, although the relevant government departments have launched a series of enforcement campaigns, the effect is not as expected, it can be said that the Government is facing tremendous pressure and the bottleneck need to break through extremely urgent in the management and protection of trademarks of electronic business. How to build trademark management and protection model adaptable to e-business environment in China’s special period of social transformation and economic transition, to give full play to the trademark rights administrative protection system with Chinese characteristics, to support healthy and rapid development of e-commerce industry are worth-exploring issues in the reality. As industrial and commercial administrative organ, shouldering the heavy responsibility of network monitoring, how to strengthen the e-commerce regulation, especially in trademark protection in e-commerce has become increasingly urgent and serious, which has become the priority and important issue industrial and commercial administrative organs at all levels in this new era.This paper uses research methods of literature study, comparative analysis, empirical study and others, to make systematic research about the status quo, problems and improvement measures for local industrial and commercial administrative organs’trademark protection in e-commerce, through the case study, proposed the exploration about the feasibility model of China’s current local industrial and commercial administrative organs’ trademark protection in e-commerce.The paper can be divided into five parts:Introduction part analyze the significance of local industrial and commercial administrative organs’strengthening on trademark protection in e-commerce, proposes research methods and research ideas. The first chapter gives an overview about the basic theory of e-commerce, administrative protection of trademark, illustrates the concepts of e-commerce, trademarks, famous trademarks, registered trademarks and trademark rights, and administrative protection of trademark, and discuss the theoretical basis of administrative protection of trademark in e-commerce functions from the perspectives of industrial and commercial administration function, public administration theory. Chapter two makes an objective analysis about the status and issues of trademark protection in e-commerce, focusing on four areas, the work already carried out, e-commerce infringement model analysis, legal constituent elements analysis, problems in macro-level regulatory. Chapter three is based on the case studies about trademark protection in e-commerce carried out by Shanghai Administration Bureau for Industry and Commerce, Jiading Branch, systematically analyzing the practical work and problems of local industrial and commercial administration trademark management department, to further deepen and validate the result of macro-analysis. Chapter four selectively lists management experiences of several governments in some countries, through a comparative analysis about relevant rules of foreign trademark protection in e-commerce, plus the advantages and disadvantages, points out the gaps in China’s current model system, meantime, proposing the feasibility idea for how to construct the local industry and commerce administrative authorities’ trademark protection in e-commerce.