A Study On The Construction Of Legal System Of Odor Trademark In China

Scent trademark were Unselected into the third Amendments of "Trademarks Law",academia and the business community makes it even more lively discussion. The purpose of this paper is to learn from the practice of the world by the relevant international treaties and national legislations, and explore how to construct the legal system of smell marks.This paper is divided into five chapters:The title of the first chapter is the constituent elements of scent trademark. This chapter from the meaning and characteristics of the traditional trademark of view, an overview of the scent trademark meaning, characteristics and types. Meanwhile, from the visibility, significant, non-functional and not violate public order and morals, not in conflict with prior rights scent marks four aspects are analyzed, we responded to some of the scent trademarks academia doctrinal dispute.The title of the second chapter is scent trademark legislation worldwide comparison.The first chapter, "Trade-related intellectual property rights agreement" "Trademark Law Treaty" and "the Singapore Trademark Law Treaty," the three international treaties dealing with smell marks were analyzed, followed by the US, EU and Australia three economic body odor trademark legislation of detailed analysis carried out, the last of the legal protection system scent marks China’s Hong Kong and Taiwan were studied, trying to draw on China’s legal system construction scent marks useful information from these analyzes studies.Necessity of our legal system construction scent trademark the third chapter of the title. The chapter unified international trademark law, trademark protection type expansion, the three angles of the world economic globalization on the necessity of legal protection of scent marks and urgency of making the analysis.The title of Chapter IV is a trademark law system dilemma faced by the construction of smell. This chapter introduces the problems caused by the natural properties of the odor,the smell of exhaustion concerns expressed difficulty odor, scent trademarks and scent marks ineffective advertising difficulties and problems revoked after.The title of chapter V is to build our scent trademark legal system. This chapter is the focus of this paper, respectively, from the establishment of the legal status of scent marks,substantive examination standards, procedural review criteria relevant systems to build four levels of odor trademark system of legal protection provided advice.