China And South Korea Trademark, And Its Dispute Settlement Mechanism Is A Comparative Study

With prompt Chinese economy development, the marketplace significance inspects China to close to Chinese geographical feature and culture Korea Republic be even more important. But in country room economy , the technology cut-throat competition, the opening to the outside world being a technology and protection deciding whose international competitiveness's, still have the protection about intangible assets such as copyright, special permission , brand. Concrete behaviour is hit by comparatively notable one point in China-Korea both countries economy trade contacts , is is with the exchange on economy , culture, the intellectual property rights dispute increases by also with that, disputes among them about trade mark privileges have been in the majority, these disputes have aroused the both countries room trade dispute. For the dispute resolving this field,we understand that especially to Trade Mark Act of the both countries about brand dispute solving is machine-made appearing especially important.Brand dispute problem resolving mechanism , problem being that a osculation important, brand-new , reasoning with practice combines. Solving establishing the brand dispute is machine-made , mechanism carries out comparison , the structure to China-Korea both countries brand system builds and develops from the comparison method angle solving to China-Korea both countries to have important direction value.The main body of a book Part I have sketched both countries's fundamental theory about brand , have included brand definition , characteristic , have composed the key element and the brand classification. Part II, emphasizes the analysis carrying out comparison on Korea Republic and Chinese trade mark privileges. Have carried out a summary on trade mark privileges first, characteristic , subject and object and the trade mark privileges content pointing out trade mark privileges; And secondly, the boundary having analysed the brand tort dispute fixes and the person composes important condition, have analysed China-Korea both countries's different regulation about concrete brand tort form here on the basis. The mechanism in Part III, having discussed Korea Republic solving with Chinese brand tort dispute, is two the following aspect, one being the dispute resolving brand tort by legal action approach, have set forth five kinds legal action concretely resolving approach; Two is the dispute resolving brand tort by must tell approach, concrete ways solving in having filed mistake lawsuit on discussing the basis being not legal action resolving mechanism current situation. And diversity being hit by parallel Korea Republic and China in as said or narrated above analytical process.