Trademark Law Of China Thirty Years Review And Prospect Of Legislation

Established in1982, the" trademark law" has gone through thirty years, in our country1982" trademark law" is born thirty anniversary, the author hopes to summing up our countrytrademark law past legislation development process and experience, explore the promotion ofChina’s trademark law legislation forward the causes and regularity, period as a basis forprediction of China’s trademark law development tendency in the future, and to the"trademark law" third amendment put forward some personal opinions. This paper mainly onChina’s" trademark law" legislation for thirty years historical development as the clue,analyzes the various historical periods of China’s trademark law development in thebackground of the times, and to explore the various historical stage of China’s trademark lawdevelopment. This paper is divided into four parts to discuss this problem.The first part of1982, China’s" trademark law" come on stage. From1963the StateCouncil promulgated the" Regulations on the management of China’s trademark" to1982"trademark law" coming on stage is a difficult course, ten years of turmoil caused by thecultural revolution, China’s trademark confusion, because old idea and habit,1982" trademarklaw" enacted in various different ideas between supporters of the had a great conflict. In orderto protect the exclusive right to use a trademark for the content of the1982" trademark law"the mandatory registration principle to voluntary registration principle, strengthen the qualitysupervision and foreign trademark registration, adapted to the economy after reforming andopening the rapid development needs. But in1982China Trademark Law legislation is at apreliminary stage of attempt, inevitable existence insufficiency.The second part, in1993the" trademark law" law first amendment. In1990, the UnitedStates to China as a key observation state, accusing China of intellectual property rights arefully protected by law. In order to deliver the" memorandum of understanding" betweenChina and the United States in commitments, China to" trademark law" for the firstamendment. In1993the" trademark law" amendment increased the service mark andtrademark revocation procedure, strengthen the administration of the use of the mark, in acertain extent in trademark acts of unfair competition. But did not expand the scope of thesubject is not clear trademark, trademark tort imputation principle, ignored the protection ofwell-known trademarks. The third part," trademark law" in2001second revision. This modification of the directreason is to make China’s trademark law in line with international standards, in line with theWTO" trade related intellectual property rights agreement" requirement, create conditions forChina’s accession to the wto. In order to make the trademark law better for China’s economy,culture, science and technology services. This revised, expanded the scope of trademark law,increase the collective marks, certification marks and geographical indications protectionobject, defined the application for trademark registration shall not impair the prior right ofothers, in line with the Chinese and international standards to meet the needs of reform andopening up, but also the need of economic development. But not on the trademark rights to berestricted, the well-known trademark system has not been established, the commercialappearance and trademark rights there are also not to be provided.The fourth part, China’s" trademark law" the third amendment to start. Along with ourcountry economic system transformation and the development of economic globalization,trade mark law legislation from the passive to active law transplantation is now theconstruction of legal system. This paper on China’s" trademark law" legislation andamendment thirty years on the basis of review and summary, the author puts forward theChina Trademark Law revises the third times the reconstruction of China’s trademark lawframework to increase the anti-dilution system, clear the limitation of trademark righttrademark coexistence, perfect system of individual opinions of legislation, in order to makethe Trademark Law of China the legal system of the times of development on the basis ofmore convenient services in market economic system, in order to promote China’s socialstability, economic prosperity.