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Comparative Study On The Legal Sanction Of Trademark Infringement In China And Britain

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhouFull Text:PDF
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From distinguishing goods and services to possessions of certain value,the commercial value of trademark concealment has attracted more and more attention from various countries.But at the same time,trademark has also become the target of lawless elements,and cases of infringement of trademark exclusive rights are common.Trademark law,as the most important legal basis in the practice of trademark,is of far-reaching significance to curb trademark infringement.China formally implemented the first trademark law in 1983,marking the formal establishment of China's trademark system.In the past thirty years,although the trademark law has been revised three times,the laws and regulations of trademark infringement have been continuously enriched,but the provisions on the legal sanctions for trademark infringement are still not perfect.In contrast,Britain,the first western country to start the industrial revolution,is one of the earliest countries in the world of intellectual property legislation,and its trademark law is implemented more than one hundred years.In this process,the British trademark law has carried out two major amendments in 1938 and 1994,making the trademark law developed and perfected,and the level of legislation is in the forefront of the world.The regulations on the legal sanctions of trademark infringement are also becoming complete,which provides an opportunity for the construction of a relatively perfect legal sanction system for trademark infringement in China.The provisions of the Trademark Law of 1994 on the legal sanctions on trademark infringement are of great significance for the development and improvement of the legal sanctions system for trademark infringement in China.This article first defines the relevant concepts of trademark infringement,clarifies the meaning of trademark,trademark infringement and legal sanction.Secondly,by comparing the relevant provisions of the legal sanctions on trademark infringement in China and Britain,and combining with the concrete practice of the legal sanctions of trademark infringement in China,the similarities and differences between China and the UK on the legal sanctions of trademark infringement are summed up.Finally,the enlightenment from the comparison between China and Britain on trademark infringement legal sanctions is given to the construction of China's trademark infringement legal sanction system.
Keywords/Search Tags:Trademark infringement, Civil sanction, Criminal sanction
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