Study On Perfecting China's Trademark Rights Restriction System

The limitation of trademark rights legislation is impefect in our country,so that abusing trademark rights is not uncommon in practice, which leads to escalate rights conflicts between trademark owner and user, judicial activities and administration are lack of legal basis. On the contrast, other nation's legislation and international legislation have provided detailed principles to the limitation of trademark rights.Therefore, establishing a national comprehensive and reasonable system of trademark rights limitaion is particularly important. Based on this, First,this paper elaborates the meaning and legal basis of trademark rights limitation system , then analysis the legislation actuality and insufficiency of trademark rights limitation system in our country.and propose the necessity that provide the legal regulation to trademark rights limitation. Next analysis the development of international trademark rights limitation legislation system. Overseas, limitations to trademark rights are not only limited to those traditional system design in trademark law, such as fair use, priority use ,exhaustion of the trademark rights ,but also combined with the laws on unfair competition and antimonopoly law which solve the problem of trademark rights limitation not only in trademark law. Last, drawing lessons from foreign advanced legislation, the paper proposes the idea that limitation of trademark rights from both trademark law and other laws, adopts enumerative legislation model and general rules from interior trademark law and puts forward legislative proposals from exterior trademark law which are expected to benefit legislation and administration of trademark rights limitation system in our country.