On The Changes Of Value Orientation Of Trademark Law And The Revision Its Relative System

With the substantial change of social and economic life, the insufficiency of thecurrent Brand Law becomes the focus of spotlight. Despite two amendments speciallymade by the legislature to address the insufficiency, the basic idea and skeletonremain intact. In view of above mentioned, newly initiated amendment should insteadits focus from minor corrections onto the major problems underlying the Law. Basedon the rumination of the intrinsic function, basic attributions of trademark right andothers related as well as the emulation of international protecting systems oftrademarks, this thesis intends a new value system of trademark law with which as apremise to provide some suggestions on the purpose of legislation, the mode ofdefining the right of trademark, the trademark infringement protection and technicalmeans of legislation.Centering on the claim of the legal subject of trademark law and with the help oftheories like the attribute of trademark as a property, the distinction function oftrademark and others related with business credits, the first part of this thesis proposethat the intrinsic purpose of the trademark law lies in the protection of the rights oftrademark possessors and the vindication of the interests of the consumers, andspecially argue for the indispensability of order value. In addition, it puts that,through a careful analysis, the current Trademark Law with its emphasis on anenhanced management of trademark results in the complicity of the sluggish nature ofeconomic growth, special political system and less developed Laws. What’s more, theintervention of state power into the design of related systems, the negligence of ordervalue, the discordance of applied rules with the intrinsic attribute of trademark iskeenly felt. The second chapter is to sort out the international conventions, treatiesand legislation in different countries for trademark protection. Under the globalprotectionism, each nation has a high level of protecting the rights of trademark owner through the extension of the term of protection and expanding the scope of it.As for the value of fair competition, its core position has been identified in someConventions, or its importance has been embodied in the systems in some countries.The practice in law has provided a favorable external environment for ourreconstruction of the value system of trademark law. The third chapter, the emphasisof this thesis, elaborated the author’s view that trademark law, with its nature ofprivate law, should return to the civil law system, which requires the value position ofthe trademark law conforms to the civil justice. Thus, by balancing orders of laws,and analyzing relevant parts from jurisprudence, philosophy, political economy andspecific Anti-unfair Competition Act, the idea has been put forth that strengtheningthe legal value of trademark management should be broke with, legal value as core ofmaintaining fair competition should be constructed, legal value based on thetrademark owner should be protected, and the value system of legal protection for theextension of the rights and interests of consumers should also be protected. In the lastchapter, contrary specific system settings were checked on the basis of newconstructed value system. It is suggested that in addition to the fully modification oflegislation purpose on literal representations, New consideration should be given tothe legislation mode of trademark registration, trademark, trademark protection. Inorder to safeguard fair competition order better, the “registered+used” pattern shouldbe advocated on mode of trademark right, the administrative terms in using trademarkshould be reduced, trademark infringement judgment standard should be built basedon confusing theory and make recommendations for amending trademark-relatedsystem.