Research On Shanghai Xujiahui District On The Problems And Countermeasures Of Administrative Protection Of Trademark Exclusive Right

With the increasingly importance of China’s economic development and Reform and Opening up, and with joining the international organizations, such as WTO,the protection for the trademark has been gradually transformed from external pressure to internal demand. And the Trademark as an important intellectual property right, which has achieved more and more attention. The protection for trademark rights in China has its own characteristics, and we take the “double tracks system” of administrative and justice to protect it. Compared with judicial protection, administrative protection has the advantage of high efficiency and low cost. So the protection mode is more welcomed by right holders and consumers under the system of China.Xujiahui District as one of Shanghai’s vice center which has achieved the rapid growth of economic growth. And through several years of efforts by regulatory authorities, some achievements have been made in the protection of trademark rights. However, some trademark infringement and counterfeit products are still prevalent and the intensity and effectiveness of administrative protection of trademark rights is not enough. This is not only the objective reasons but also the problems of the regulatory authorities themselves. So according to the existing deficiencies of regulatory authorities, we make an effective reason analysis, bring regulatory authorities ‘potential to full play, increase the intensity of trademark protection, play the first line supervisor of the initiative and make the work of protection for the trademark a well-managed uptick., which is an urgent problem to be solved by regulatory authorities.With the author’s practice, the main use of the literature analysis, comparative study, empirical research methods, from the administrative protection of trademark rights, from the perspective of the fight against counterfeiting infringement, and from the analysis on the problems existing in the law enforcement of trademark administration in Xujiahui District. And combined with related theory, we put forward five countermeasures: perfect trademark law enforcement mechanism, strengthen the trademark law enforcement publicity, increase the trademark supervision, strengthen the supervision of the construction team, draw on the domestic and foreign advanced experience and explore a new regulatory model.We hope these measures can be helpful to the trademark supervision in Xujiahui District. And improve the protection system of trademark administrative supervision. And promote the smooth development of the economy in Xujiahui District.