Legislative Discussion Of Trademark Transfer In Our Country

With the transfer of trademarks become increasingly market-oriented, a variety of trademark transfer problems are producing. And the imperfect legislation of the trademark rights transfer is a significant problem for the legal problems in the transfer of trademark rights. Because of the imperfect legislation, a large number of trademark transfer disputes occurred in the judicial practice, such as theft of trademark rights, illegal transfer of trademark rights and the like." The development report of Chinese trademark strategy of the year2013" data shows that in2013, there were105,597trademark rights transfer applications accepted, an increase of5.8%over2012; and101,937trademark rights transfer applications were handled,an increase of5%over2012. Under the situation of the increasing number of trademark transfer, we find that trademark transfer disputes are also increasing, especially in the case of the imperfect legislation, the theft of trademark rights and some other disputes appear frequently.The main body consists of five sections of contents:the first part is the basic theory of the transfer of trademark rights. It is analyzed from the basic concept of trademark transfer, the features and transfer modes, etc. to define the basic attributes of trademark rights. In addition, through the comparative analysis between the transfer of trademark rights and property changes, this part reaches the conclusion that the similarity between the two changing theory, and the mode of property changes can be invoked. The second part analyzes related regulations about trademark transfer in current law of trademark, expounds the legislation is not perfect. The third part discusses law issues of high frequency, high degree of concern in judicial practice after the third revision of the "trademark law", which leads to the fourth part of this paper the legislative design about perfecting the "trademark law". In response to those problems in judicial practice, the forth part is the improvement of legislation. It first puts forward the design scheme, after demonstrates the scheme to prove the feasibility of legislative design. And the fifth part is the conclusion, restated that the main points of this paper and the purpose of the writing.