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Research On The Problems Faced By The Implementation Of Trademark Administrative Supervision Policy And Countermeasures Of Jinan City

Posted on:2016-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:X J LuFull Text:PDF
GTID:2309330461490027Subject:Public administration
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Since China formally joined the World Trade Organization (WTO) in 11th December 2001, the international and domestic trade of China has been growing rapidly。Likewise, China’s trademark are also showing a rapid development. In 2013, in terms of total trademark applications, China has been ranked as top 1st for twelve(1) consecutive years. In addition, total number of valid registered trademarks, geographical indications, Madrid applications (one mark for multiple classes), high-profile trademarks and other-related indicators have made an outstanding achievement. On the other hand, however, those quantitative achievement obviously failed to accompany qualitative ones. Consequently, this kind of China’s unbalanced development for trademark have been one of big obstacles for promoting economic development. Although the market mechanism of China is not fully mature, Trademark issues need to be regarded as one of the key factors for China’s sustainable development in the future. In Western societies, trademark issues have been closely related with State’s active role. Hence, China also need to ponder its active role for this. Under current legal system, China has its characteristic "dual system", the structural alliance between administrative and justice department, which is different from the single judicial supervision system of foreign governments. The Chinese government made great efforts on solving problems. In 2014, "the CPC Central Committee decision on deepening reform of the overall number of major issues" proposed to "strengthen the use and protection of intellectual property rights", followed by the official implementation of the new "Trademark Law" on May 1, 2014.Simultaneously, Jinan Municipal People’s Government Work Report in 2014 first proposed the topic of "Deeply implementing trademark strategy" and "strengthening intellectual property protection, the utilization and management". Consequently, under the new situation and new requirements, trademark administrative supervision system needs to be reformed to balance both "quality" and "quantity" aspects for trademark system development which will eventually contribute to improve the productivity of society. Specifically, trademark administrative supervision is the main body for implementing the trademark-related policy. Currently, China’s trademark-related policy has reached quite a high level of developed countries. Hence, the policy implementation of trademark administrative supervision system is very important because this is directly connected to how much China will realize its economic development.This dissertation analyzes the specific problems mainly through the literature review, case analysis, quantitative analysis and other research methods which were arised in the implementation of trademark policies and summarized into six policy implementation performance deviation, which were nominal policy implementation, add-on policy implementation, incomplete type of policy implementation, alternative type of policy implementation, policy implementation watching Formula, copying the style of policy implementation, comparing the regulatory status of China and abroad trademark, combined with changes in the course of Jinan trademark regulatory model from the founding of the former to the reform and opening up.This paper attempts to seek main reasons for the deviation enforcement subject, object, mechanism, and the environment from the perspective of trademark administrative supervision policy. Then, it follows the effective suggestions in the current context of a comprehensive deepening reform with the execution policy by conducting education, focusing on the implementation of the main benefits realization, improving the quality of the implementation of the subject, irrational factors, increasing systemic advocacy, timely publication of trademark administrative supervision policy implementation and execution of the program content, focusing on corporate different interest demands, breaking the "top-down" function, innovating the approaches to trademark administrative supervision, learning from experience and actively seeking financial support,seeking for law enforcement forces, optimizing atmosphere of public opinion, developing urban and rural economy, shaping the political culture of participation and so on. Through exploration this dissertation aims to provide a theoretical and practical basis for trademark administrative supervision, to activate their duties in desirable manners.The innovation of this paper is to analyze specific issues and search for reasons from a theoretical point of view, which will enrich the administrative supervision of domestic trademark Empirical Perspective.
Keywords/Search Tags:policy implementation, jinan city, trademark administrative supervision, problems, countermeasures
PDF Full Text Request
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