On Trademark Protection System Of Collective Management

Trademark right and its protection involves a myriad of interests of owners, consumers, and social andeconomic order and so on. Therefore, it is very important to strengthen the measures of trademarkprotection constantly and consummate the system of trademark protection. And with the continuousdevelopment of society, economy, science and technology and legal system, as well as the new emergingways of trademark rights infringement, sufficient conditions and inevitable requirements are set for theestablishment and development of a new type of protection mechanism——trademark protection system ofcollective management.Besides the parts of introduction and conclusion, this dissertation is divided into three parts asfollowing:The first part: the summary of trademark protection system of collective management. First of all, Ihave carried on a comprehensive analysis on the trademark protection system of collective management.Trademark protection system of collective management shall mean in a certain country or region, atrademark rights collective management organization is spontaneously set up by the trademark owner, uponauthorization of a trademark owner, it collectively exercises the rights of the trademark owner in its ownname, includes trademark registration and management work of the protection system. This systemintroduces the collective management organization as a special main agency to protect rights. It has acertain reason, and special connotation and characteristics of itself. Once more, due to lots of similaritiesand differences between the collective management of trademark rights and the copyright protection system,so it is necessary to make a detailed comparative analyze on them.The second part: the necessity and the feasibility of the implementation of the trademark protectionsystem of collective management. As a new type of organism，the establishment of trademark protectionsystem of collective management has its necessity. And this necessary is mainly related to two reasons.First, it can make up for the shortage of the existing trademark protection system. The current system oftrademark protection, the protected subjects, inadequate procedures and scope of protection and otheraspects lead to the range of trademark protection gray within a certain scope, but the trademark right protection system of collective management can overcome these deficiencies and form its own superiority.Second, it can meet the needs of the trademark protection under the new environment. New ways of rightsinfringement appears constantly, which leads to the protection of trademark rights severely challenged, sowe need to introduce trademark protection system of collective management to solve these problemseffectively. As mentioned above, trademark protection system of collective management as a new type oftrademark protection system, besides has the necessity, but also has feasibility. Trademark rights can beparted and transferred and this system can learn a lot from abundant theories and the practical experiencesof collective management of copyright protection system are both use to effectively establish the systemand its management, meanwhile, it also provides the condition to establish and develop the system with theapproving of Trademark owners and their wish of setting or taking part in.The third part: the concrete construction of implementation of the trademark protection system ofcollective management. This mainly involves two aspects. Firstly, a trademark collective managementorganization should be established. In this part, the patterns, conditions, procedures, scope of its functionsand powers, as well as its relationship with the trademark owner, dispute resolution mechanism, etc. of suchan organization are fully envisaged. Concretely, we adopt a comprehensive and absolutely monopolizedand semi-official pattern to set up the trademark collective management organization, and as a spontaneousorganization set up by the society, its conditions and procedures of establishing must be strictly complywith the related rules of the register and administration of social organization and so on; About its scope ofits functions and powers, we should reference to the setting of copyright collective managementorganization and others to achieve the dual purpose of "prevent" and "guide"; The relationship betweentrademark collective management organization and Trademark owner is established by signing thecollective management contract, which includes both agency relationship and the relationship betweengroups and members. For this reason, when a dispute has happened, the trademark owner can choose aproper relations and its relevant dispute resolution mechanism according to the situation to safeguard hisrights and interests maximally. Secondly, a comprehensive system of internal and external supervisionsystem should be set up immediately. The internal supervision system contains establishing a perfectinternal supervision department and system of financial and file management; and the external supervision system mainly involves supervision from branches of legislative, and administration, the principal and thesociety.