A Study On The Chinese Trademark Value Straying And Rectifying From The Perspective Of Balancing The Interests

With the rise and prosperity of commodity trading and the knowledge economy, the trademark is playing a decisive role in the modern society and people began to realize that there is a great treasure behind this small symbol. For commodity owners, the value of trademark rights is to prevent their goods from being confused with others; for consumers, trademark helps to clear their purchase intention and for the whole society, it is conducive to keep a fair and competitive brand market. But the capitalists with a strategic foresight ignored the social attribute of trademark intentionally or unintentionally and emphasis on the private attribute of intellectual property rights, strengthening the protection of trademark system to the trademark owners and giving them more freedom and rights. The appearance of symbol enclosure, trademark right materialization, trademark straying shows that the value of trademark has changed and that the interests balance of the traditional trademark system has been broken. This thesis is to explore the path for the return of trademark system and improve the trademark legal system in china.This paper is divided into four parts:Chapter one gives an overview of the basic concepts and theoretical basis in the thesis. Based on the investigation to the history of trademark law, this chapter sketches the outline of trademark legal system and its value goal to elaborates the influence the functional change of trademark has on its value. Then this chapter comes down to the value competition among the rights of trademark owners, the creation of a fair competitive market and the protection of consumers’ rights. Thus, the chapter brings forward the research angle of view of this thesis.Chapter two is an analysis and demonstration of the straying of trademark value. First, the chapter lists the specific performance of trademark(especially famous trademark) value imbalance, including symbol enclosure, the expansion of trademark rights, misjudgement of trot and others. Secondly, the chapter analyzes the performance of trademark straying, finding out its reason and putting forward the consequence of trademark value straying and the necessity of its return.Chapter three first proposes that the value of trademark law system is to keep the balance among different interests according to the introspection of the nature of trademark value from the perspective of interests balance. Then it analyzes the trademark value from several aspects including legal, intellectual property, economics and others, which provide the theoretical cornerstone for the return path and strategies talked about later.Chapter four first studies the methods and measures adopted in the TRIPS Protocol and Foreign Law for the expansion of trademark rights and trademark value imbalance, combining the China’s new Trademark Law, to get some enlightenment. Then the chapter proposes that trademark value should return to its primitive conditions from the perspective of interests balance. By defining the value goal of the legislation of trademark law and the boundary of trademark rights, this chapter structures the the returning path of trademark value, which makes the balance among the rights of trademark owners, the maintenance of a fair competitive market and the protection of consumers’ rights and realizes maximization of their social value.