The Administrative Law Enforcement For Rights Conflict Of The Commercial Marks

With the development of market economy, commercial marks to become the enterprise important intangible assets, commercial marks of rights conflict "free-ride" phenomenon in our country has become a disturbing the order of the market economy hot spot, the difficulty of unfair competition."Free-ride" behavior disturbed market economic order, infringing upon the famous enterprise and the legitimate rights and interests of consumers, the whole nation the shrinking the weak spirit of innovation, a problem many famous enterprises of difficult problems. In recent years "fortress culture storm" and the prevalence of more make this phenomenon present increasingly fierce trend, "hold power" serious damage to the country in terms of international trade and economic market and the WTO image.Commercial marks rights conflict fronts and "free-ride" behavior of the flood highlighted the intellectual property protection in China and unfair competition management legal loophole and system design flaws. Compared with the European and American countries, China on commercial marks conflict of rights and "free-ride" phenomenon of regulation no a complete legislation, referring to all kinds of legal regulations, judicial interpretation of terms, not only limited, and so, it has great lack and the current emerge in endlessly "free-ride" phenomenon is not fit, led directly to the administrative law enforcement departments in dealing with "free-ride" phenomenon is facing many practical difficulties. This article through to the "free-ride" the characteristic, forms, the current situation of the comprehensive induction classification, the paper analyzes the cause of illegality, harm and, in our current research is not perfect legal regulation is discussed based on the legislation in our country, and the administrative law enforcement on the dilemma of administrative law enforcement of the current dispute solution of complicated problems of exploring, and based on the current law and national conditions, fully learn from foreign advanced experience in legislation and puts forward the solution to the current administrative law enforcement dilemma for design and theory, legislation idea supporting system.In this paper the whole framework introduction, text, epilogue composition. The text is divided into four parts, of points as follows:The first part is "business logo and its conflict of rights a summary". Discusses business logo and its conflict of rights, "free-ride" behavior of the concept and basic characteristics, legal protection in China business logo right range.The second part is "" free-ride 'behavior analysis of law". Discusses current "free-ride" behavior performance forms and causes, and discusses current "free-ride" the dangers of behavior performance, analyzes the illegality.The third part is the "" free-ride 'behavior to the administrative enforcement of practical difficulties and administrative law enforcement principle". Discusses current "free-ride" behavior of administrative law enforcement process the plight of administrative law enforcement and the principles that should be followed.The fourth part for "" free-ride 'behavior law enforcement control countermeasure and the suggestion. Discusses the current administrative law enforcement of some controversy in the difficult problem of the current operational solutions think and analyze foreign legislation and puts forward the solution to our country's "free-ride" law enforcement dilemma Suggestions.