The Improvement Of The Trips Agreement And The Trademark Law Of China

In order to suit the needs of acceding to WTO, the Trade Mark Law was revised the second time on October 27th, 2001. Considering the TRIPS agreement, this study introduce the background, the main content and the meaning about the revising of the Trade Mark Law this time in our state.According to the TRIPS agreement and the practice of protecting the trade mark in our state, the Trade Mark Law regulates the qualification for the enrollment of trade mark, adds the protection for the place mark, the protection for the well-known trade mark, enlarges the protection for the well-known trade mark and strengthens the infringement of trademark right and its remedy. The revising of the Trade Mark Law this time is in keeping with the TRIPS agreement. Considering the TRIPS and the law of the other countries, the author demonstrates the necessary and the practical meaning of these revising.However, comparing the TRIPS agreement, the author considers that the Trade Mark Law is in defect of the protection for the place mark and for the domain name, and also the regulation for the right limit. Then give some advice for legislation.