Authority For Industry And Commerce Trademark Administrative Protection Law Studies

As important intellectual property rights, trademark rights, has not just starting, said the sources of goods or services, but a concentrated expression of the core competitiveness of enterprises. Therefore, is very necessary to improve the industrial and commercial authorities on administrative protection of trademark rights, but also the protection of intellectual property rights of our local community, and enhance the international competitiveness of our enterprises to adapt to the WTO system mode have a great significance. In accordance with the relevant provisions of the Trademark Law, trademark protection of the right to implement a "dual system", namely the judiciary and the executive is entitled to make the appropriate treatment of violations of trademark rights, which is one of China’s trademark law major feature. Industrial and commercial authorities as administrative regulatory authorities for the protection of trademark rights in the administrative protection of trademark rights play an increasingly important role in the administrative protection of action is rapid, simple procedures, and various means, the investigators a quick advantage, promptly stop the infringement the occurrence and development of behavior often trademark the exclusive right to choose. Investigated in accordance with the terms of the initiative, and according to the complaint report investigated and dealt with cases of the combination is an important way for China’s industrial and commercial authorities to protect trademark rights. Industrial and commercial authorities on administrative protection of trademark rights, there are many imperfections, the first sector of industrial and commercial authorities based on legal norms, there are many problems, followed by industrial and commercial authorities within the administrative protection of trademark rights, there is the power of administrative weak and trademark management lack the quality, poor external environment of the third industry and commerce authorities on administrative protection of trademark rights, the last industrial and commercial authorities lack the external effective communication and coordination mechanisms. In this paper, the author’s practice, the main use of a literature analysis, comparative research method, empirical research, starting from the basic theory of industry and commerce authorities for administrative protection of trademark rights, the status of the administrative protection of trademark rights and problems study, learn from the advanced experience of developed countries and regions at home and abroad trademark the exclusive right to protection from the perspective of administrative protection of industrial and commercial authorities, with the characteristics of the practical and the business of China’s economic development authority the administrative protection of trademark rights, and further exploration of the industrial and commercial authorities trademark the exclusive right to administrative protection of the laws and regulations; improve the industrial and commercial organs of administrative protection of trademark rights system, to improve law enforcement capabilities; strengthen the administrative protection of philosophy; related countermeasures and suggestions to strengthen international cooperation and exchange in order to better maintain the market economic order, promoting rapid economic and healthy development.