A Study On The Negotiation Of Trademarks Between China And Foreign Countries In The Period Of Pekinging Government Of The Republic Of China

Since ancient times,our country had used pattern markers to distinguish other people's goods.But for a long time,it had not been transformed into the protection of rights,nor had it been aware of the use of trademarks to bring property benefits.Since modern times,with the formation of treaty system,foreign businessmen had grabbed a large number of economic and trade privileges in China,and a large number of foreign goods had been dumped into China.After the Sino-Japanese War,great powers gained the privilege of setting up factories in China through the Treaty of Ma Guan.Commodities pouring into China were increasing day by day.Because there were great differences in the recognition of trademarks and the construction of trademark legal system between China and foreign countries,trademark infringement disputes between China and foreign countries had becomed more and more intense,which had gradually became one of the important issues in Chinese and foreign commercial negotiations.After the Battle of Boxer,in order to seize new interests and privileges,the great powers started negotiations with the Qing Dynasty in 1902 to amend the trade treaties on the basis of the Xinchou Treaty,and reached a series of legal provisions on trademark protection,which were finally determined in the form of unequal treaties.Later,the Qing government negotiated with other countries on the issue of trademark legislation,but its efforts were eventually frustrated by the fall of the Qing Dynasty.After the establishment of the Republic of China in 1912,with the development of national industry and commerce,disputes over Huayang trademarks were still common.In pursuit of national sovereign equality and recovery of trademark administrative sovereignty,the Beijing government had launched many negotiations with the major powers on the issue of trademarks,almost throughout the period of Beijing government's administration.Among them,there were negotiations on dealing with foreign trademark infringement disputes,trademark administration and trademark legislation.The purpose of this paper is to discuss the trademark negotiations between China and foreign countries during the period of Beijing Government of the Republic of China.There are five chapters in the main content.The first chapter mainly discusses the reasons of trademark negotiation.Chapter II to Chapter IV introduces in detail the negotiation process of various trademark issues according to the negotiation categories.The second chapter mainly investigates the negotiation of trademark administration,mainly focusing on the negotiation of foreign trademark protection in the early years of the Republic of China,the negotiation of regain customs Trademark Registration Affairs and the negotiation of hiring foreign consultants;the third chapter studies the negotiation process of foreign powers' interference in China's trademark legislation and recognition of the 1923 Trademark Law;the fourth chapter studies the dispute of trademark infringement between China and foreign countries.Negotiations have been studied,including both trademark infringement disputes between Chinese and foreign businessmen and trademark infringement disputes between foreign businessmen in China.Chapter Five evaluates the trademark negotiation during the period of Beijing Government of the Republic of China from two aspects: the characteristics and influence of negotiation.