The Philosophical Foundation Of Trademark Law

Trademark is an important part of intellectual property, trademark protection is not only conducived to the implementation of brand strategy, and would help standardize the market order. With the development of society and economy, the defects of the trademark law current. The three revised of trademark law, only adjusted the parts, not including the legislative purpose and architecture. This paper aims to demonstrate the property attribute the legitimacy of protection by researching the private right and function of trademark from the legal philosophy. As a property, it reflects the relationship between people, and it produces no labor relations. Labor property theory only explained the legitimacy of property rights from the perspective of human rights, is one-sidedness. As the private right, the lawmaker should pay attention to it is private property when enact trademark law. The current trademark law did not reflected this property, it has obvious trend of public law attribute and security administration, the essence of which is a administrative management. In order to make it back to the private law category, we need to review the legislative purpose and value orientation of the trademark law. In the current trademark law, the excessive administrative power intervenes hides the essential attribute of trademark law and order value. Therefore, in order to realize the value of the trademark law, we should establish a fair competition order value as the core, the protection of trademark owner and consumers on the basis of value system. So, the author firstly explains the basic theory of the trademark, and on this basis, demonstrate the statement trademark right is legitimate; Secondly, combining theory and philosophy major mainstream views demonstrate the labor theory of property Locke can not fully explain the legitimacy of the trademark.Third, through the analysis of value orientation of trademark law, proposed trademark law value proposition changes theory to demonstrates the necessity of turning the value proposition, Systematic analysis of Chinese trademark law legislative purpose of value orientation changes, obtain right and apply, judgment the impact of infringement and administrative supervision system. Put forward some suggestions on the legislative purpose, indeed the right model, Infringement of protection and legislative technique.