On The Improvement Of Legal System Trademark Restrictions

Have right and then should be limited to make, there is no unlimited right in the world, The trademark power should also be subjected to certain restriction, for example the trademark power exercise to obey a honest reputation principle, should support a social public benefits. To think to be better to more reasonablely carry on restriction to the trademark power the perfect law system is necessary. But, the our country existing trademark legal power system law system exists many shortage of place, such as lawmaking layer ground, apply scope narrow, the maneuverability differ etc., cause the trademark in the reality rob to note to wait a trademark infringement affairs to take place continuously, the processing want for of the trademark power dispute law basis, right the person’s legal rights cans not gets a law protection. Our country in2007and2009successive set 《the trademark method modification drafted plan》, of 《drafted plan》set although carrying on to the trademark legal power system on the certain meaning is perfect, but the place of its shortage is still obvious, if stipulate general lack an execution. Take a wide view each flourishing national lawmaking in the world, no matter is British and American methods to fasten a nation or mainland method to fasten a nation as well or international convention, all basically have the trademark the explicit rules of the legal power system law system, our country is more and more big in the lawmaking of the trademark legal power system and the margin of flourishing nation in the world and region. Therefore, quickly perfect our country trademark the power limit of the law system became urgent matter of the moment.Mainly be divided into four-part cent to elaborate the related contents of trademark power restriction on this text’s experienced text structure, more broadly study the trademark legal power system system, with this to find out the counterplan of perfect our country trademark legal power system law system and method.What the article first part elaborates is the basic theory of trademark power restriction, including the analysis, category and theory foundation of the concept, value of trademark power restriction.Carry on to concept and classification of trademark power restriction elaborate for having a macro view to the trademark legal power system up of understand, the value analysis and theory basal analysis limiting to the trademark power all clarified to carry on a limiting necessity and possibility to the trademark power.The article second part is to introduce and analyzed the present condition of the our country trademark legal power system law system and various blemishes of the existence. It is the cause of disease that finds out an oneself to carry on the purpose of analysis to present condition and blemish of the our country trademark legal power system law system, thus prescribe medicine for specific ailment.The article third part was a method outside the area to the trademark legal power system law system to carry on a detailed investigation, tallied up can be provided as our country to draw lessons from of aspect.It is study and draw lessons from to carry on a method investigation purpose outside the area to the trademark legal power system law system flourishing nation and advanced lawmaking experience of the region in the world, with expect ocean for convenient.What article’s last part relates was an article to put forward to carry on a perfect suggestion to the our country trademark legal power system law system in drawing lessons from the foundation of method outside the area, mainly include on the lawmaking to use to the trademark reasonable, trademark previously use and trademark power right is run out3to carry on explicit rules, and carry on to the above applying of3condition explicit rules etc..