Research On The Issue Of Trademark Rights Guarantees

Trademark is a kind of intangible property rights, our country laws have clearlystipulated that trademark rights can participate in the market economic activities as theway of guarantee, financing and so on. Since China’s intellectual property systemstarted relatively late, the law of trademark guarantee system is relatively simple andlack of operability, moreover at present the research of theory level is not very enough,and all these have greatly restricted the trademark rights guarantee system application inpractice. This article starts from the demonstration and significance of trademark rightsguarantee, and then discusses the establishment of trademark rights guarantee, the rightsand obligations of parties as well as the issue of the right realization. Hoping to clearlydefine relevant questions of trademark rights guarantee and promote our countrytrademark rights guarantee to more widespread application.This thesis, in addition to the introduction and conclusions, is divided into fourparties:Part one, the writer starts from the analysis of trademark rights’ attributes and therelevant legislation of trademark rights guarantee of some representative countries intwo big legal systems, proving that the trademark rights could be guaranteed, andcomparing the two guarantee ways of trademark rights which still have the dispute up tonow, finally discusses the significance of trademark rights guarantee from the legal andpractical aspects.Part two, the writer discusses the three essential factors of trademark rightsguarantee legal relationship separately, namely the main part, object and the content oftrademark rights guarantee, then defines the construction of trademark rights guaranteelegal relationship, especially elaborates all parties’ rights and obligations in thetrademark rights guarantee.Part three, the writer discusses the condition that various factors must achieveto satisfy the establishment of trademark rights guarantee, then generalizes the generalrule of the trademark rights according to our country present relevant law, and provesthe significance of the trademark rights guarantee hypothesis.Part four, the writer systematically discusses the realization of trademark rightsrecompense, analyzing and comparing systematically several possible types ofrecompense way at present, and contrasts several trademark value assessment methods in practice, finally the writer elaborates the forms of the related parties’ benefit bedamaged and relief ways in the process of trademark rights guarantee.