Trademark License System Is Indeed The Right Of Judicial Review Comment

Intellectual property authorization approval include two parts, relevantinstitutions according to law to confirm the existence of rights and its effect, by theright to review and grant, and grant of rights re-confirm. For many reasons, in thefield of intellectual property practice, emerged a large number of trademarkownership dispute, so the trademark authorization approval problem has become atypical problems, which is of great significance in the field of intellectual property.Determination of trademark rights is very important for the overall protection fortrademark, the trademark authorization approval procedures set is reasonable; torealize the economic benefits of trademark rights people, maintain the stability of themarket order has a direct impact. Trademark authorization approval, on a par withadministrative procedure in the judicial review system in our country after joining theWTO, is experiencing the gradually perfect process. But due to some subjective orobjective reason, our judicial review system in the application of trademarkauthorization approval procedure is also various deficiencies, especially with someforeign mature trademark authorization made by the judicial review process comparedto the space for improvement in the system in our country is very big. The currentduring the third when revised trademark law, deepen the trademark authorizationmade by judicial review system has both theoretical significance, more practicalsignificance.This article starts from a clear definition of the concept of trademarkauthorization approval, on China’s current trademark authorization made by the authoranalyses the relevant laws and regulations, and the United States and Japan as typical,analyzes the trademark authorization approval principle and procedure of judicialreview system, comparison and summarized our country with foreign trademarkauthorization made by the judicial review system of the similarities, differences andcharacteristics in the system in our country, and then sums up our country trademarkauthorization approval problems existing in the system of judicial review. Finally, inview of those institutions, procedures, rules, administrative review and put forward suggestion to the cohesion between the judicial review, and from the aspects ofconcept and system, complete the refactoring of the trademark authorization made byjudicial review system in China, hope can provide some help for trademark law forthe third time to modify.