The Study Of Trademark Legal System During Nanjing National Government

Modern trademark legal system in China began in the external stress. The trademark lawfrom never to some changes, not from their own development needs, but as a tool to resolvethe political crisis took to the stage of history. Since the "Trademark Registration PilotConstitution made in the late Qing, trademark law first is the protection of foreign merchants,with reference to the national interests of businessmen, and the right to trademarkmanagement jurisdiction are governed under the foreign forces. There had enacted a new"Trademark Law" that start from the formal equality of the protection on Chinese and foreigntrademark rights. By the vigorous public opinion war, the community gradually participate inthe legislation. And then, to explore how to better protect their own rights and interests of"Trademark Law" in1930by the Nanjing National Government, the process can be describedas hard and rough. This is a process that from concession to compromise toself-development,there is also a process that the trademarks awareness of people from nothingto some changes, from weak to strong. During this period, there has been a group of scholarsspecializing in the Trademark Law, that has played a pioneering role. As an important force inthe development process of trademark legal system, Chamber of Commerce and public mediahave played their own advantages. Although this "Trademark Law" in1930does not beimplementation in fact, and its legal content also can not be compared with the moderntrademark law, but it really has the special meaning of progress in that historical background.The first part of this article is a brief introduction of the legislative background ofNanjing National Government, mainly by analyzing three aspects of political, economic,cultural. With time clues, the second part discusses the trademark legislation of the late QingDynasty and the Northern Warlords Government, to overview outlines of the evolution onmarks legislation during the period of Nanjing National Government. The third and fourthrespectively elaborated on the contents and characteristics of the trademark legislation. On thelast part description, it focus on the role of Chamber of Commerce and the cases and revealsthe actual status of implementation of this "Trademark Law". Through the five parts above,this paper tries to full demonstrate the development of the trademark legal system from1930to1937, in order to restore the historical truth and learn ideas for contemporary legislation.