Administrative Law Protection System Of Well-known Trademark In China

As an important element of economic life, well-known trademark is intangible asset; the key position of Well-known trademark is self-evident. As the intellectual and property right, well-known trademark right is essentially a trademark right, and well-known trademark right is also a right recognition by the reorganization institutions under the authority of law in specific cases. Well-known trademark is protected by the Constitution, civil law, criminal law, administrative law, and international law. As a means of legal protection, administrative law protection of well-known trademark right is exerted by the administrative body in accordance with relevant laws and regulations, using administrative authority to protect well-known trademark rights, and the judicial proceedings supervise the operation of the executive power in the purpose of protecting the well-known trademark right.Currently, the theory of well-known trademark right administrative law protection f administrative law has been more severely delayed with the development of its status in practice, even if it affects this system in practice and further development.Therefore, this article is based on the existing research results and level on administrative protection of intellectual property rights of experts and scholars, looking forward to combing through the theoretical and system approach in order to achieve the following research purposes:first analysis the basic theory of well-known trademark rights administrative law protection. Second, analyzing the well-known trademarks administrative law protection in China, and put forward countermeasures and suggestions.In short, the author attempt from the aspects of basic theory and practical application analyses the administrative law protection of well-known trademark rights,in order to solve some of the problems in administrative law protection of well-known trademark rights system in our country while put forwards providing ideas, this is The main purpose of this study.This paper is divided into five chapters.The introduction from the perspective of sociology, via typical case study and data analysis leads to this thesis, illustrates the defects of the current well-known trademark administrative law protection system and also the negative results in the Practice the system. Meanwhile, on the bases of review current study on well-known trademark administrative law protection, points out the academic and Practical value of the thesis.The first chapter is about the basic theory of the well-known trademark rights administrative law protection. First of all, in the general sense makes the definitions of trademark, trademark rights and well-known trademark rights. Secondly, from the perspective of administrative law describes well-known trademark rights functions as the intellectual rights enjoyed by administrative counterpart in the administrative law legal relations on well-known trademark rights. Finally, on the basis of above two aspects, makes the connotation and extension of well-known trademark rights administrative law protection.In short, well-known trademark rights administrative law protection as a form of legal protection means the administrative body through the statutory procedures protects the well-known trademark rights in accordance with relevant laws and regulations, including protection by the administrative body in accordance with relevant laws and regulations, using executive powers and the judiciary review on the executive power.The second chapter is about the sources of law of well-known trademark rights administrative law protection in our country. Including the sources of international law and the sources of domestic law on well-known trademark rights administrative law protection.The sources of international law on well-known trademark rights administrative law protection includes《Paris Convention for The Protection of Industrial Property》(1967),《Agreement on Trade-Related Intellectual Property Rights》and Joint Recommendation Concerning Provisions on the Protection of Well-known Marks proved by the Paris Union and WIPO in September of 1999.The sources of domestic law on well-known trademark rights administrative law protection includes the constitutional origin, Administrative Law origin, and other departments Law SourcesChapter three is aimed at the needs and the advantages of well-known trademark administrative law protection, analyses the conservation of functions of well-known trademark rights administrative law protection.First of all, from the constitutional rights property, intangible rights property, and public interests property Analysis the need for well-known trademark rights administrative law protection, secondly, from the property of practical operability of Administrative Law and Regulation on public rights describes the advantages of the well-known trademark rights administrative law protection to protect.Chapter four is about the dimensions of executive legislative, administrative law enforcement, administrative judicial and administrative Litigation analyses the protection of China's status of the well-known trademark rights administrative law protection system.Chapter five from the aspects of executive legislative, administrative law enforcement, administrative judicial and administrative litigation puts forward sound proposals on well-known trademark rights administrative law protection system.