The Trademark Administrative Protection System In China

From the perspective of China’s Trademark Law, our country implements the Dual Protection System which has obvious characteristics. In the process of dual development, due to the basic national conditions, Trademark Administrative Protection System played a dominant role in practice, and made a great contribution both for the social economic system and for the general consumer public welfare and trademark theorist.From the trend of correction of the trademark law in our country, on the one hand, on the legislation of weakening the power of the industrial and commercial authorities to protect the right holder, on the other hand, to strengthen the construction of administrative punishment, administrative law enforcement ability.This paper uses literature, comparative analysis, reasoning and other research methods to make a thorough exploration to Trademark Administrative Protection System in our country. The first chapter is the introduction summarizes the development of China’s Trademark and Trademark Administrative Protection about domestic and foreign research questions. The second chapter has a deep arrangement about the concept of the Trademark Administrative Protection, and analyzes the relationship between the Administrative Protection and Judicial Protection in China. The third chapter is on the basis of the development and transformation of Trademark Administrative Protection in our country, the researcher try to make an in-depth analysis about the necessity and rationality of its existence. The fourth chapter is on the present situation of Trademark Administrative Protection in nowadays, discusses the existing problems. The fifth chapter is aimed at the problems existed in the fourth chapter, reasonably puts forward suggestions which are advantageous to develop and perfect Trademark Administrative Protection System in our country. Through the game of public and private rights, law relief resources waste and the experience of intellectual property rights in developed countries and so on, discuss necessity and rationality Trademark Administration Protection System existed in our country, and put forward five suggestions from the aspects such as the natural need of development of trademark strategies in China, intellectual property court building and the ministry of commerce and industry system reform and so on to strengthen the perfection of Trademark Administrative Protection System. Firstly, identify the first position of the administrative litigation at the national level. Secondly, build public information platform of China’s Trademark Law enforcement. Thirdly, form Intellectual Property Agency and Trademark Office belongs to Intellectual Property Office. Fourthly, strengthen the construction of the enforcement ability of Trademark Protection Administrative Law. Fifthly, establish a network of administrative law enforcement team.The author argues Trademark Administrative Protection System conducted is in accordance with basic national conditions in China, conducive to maintain the public welfare of the society and ensure orderly the development of social economic market. But in the process of its development, there exists some problems at the same time. On the one hand, we should weaken the administrative legislation protection about some direct maintenance on the rights of trademark infringers, thereby preventing the trademark infringers excessively to use the public power of administrative protection to protect the private rights, causing the confrontation of social public welfare. On the other hand, we should strengthen the construction of Chinese Administrative Law Enforcement System, improving the level and ability of law enforcement, so as to better promote the development of Administrative Protection System.