On The Perfection Of Administrative Enforcement Of Trademark Rights Protection In China

Trademark is not only a simple external mark in the market economy,but also the soul of the commodity,and trademark rights are protected by the "Trademark Law" and related laws and regulations.At present,China's trademark rights to the administrative and judicial two ways of parallel protection.The administrative enforcement of trademark rights protection is an important part of the administrative protection of trademark rights in China.Protecting the rights of trademark rights holders according to law,investigating and investigating the infringement of trademark rights in a timely manner,and handling disputes related to trademarks are the main duties of the administrative law enforcement organs for trademark rights protection in China.In accordance with the 2018 Institutional Reform Plan of the State Council,the Intellectual Property Office of China was reorganized.The responsibility for trademark management is borne by the Intellectual Property Office,and the responsibility for administrative enforcement in the field of trademark law is borne by the comprehensive law enforcement team of market supervision.In the context of the Internet economy,business operators and consumers are paying more and more attention to the role of trademark rights,and the important role of trademark rights in economic development has become increasingly prominent.China's Trademark Law,relevant laws,regulations,regulations and other normative documents have been amended in due course to further standardize administrative enforcement powers in the field of trademark law,and the Trademark Law of 2013.In Articles 51,52 and 60 of the Trademark Law,the content of administrative punishment for trademark infringement is further clarified.The administrative enforcement power in the field of trademark law is gradually standardized,and the administrative enforcement power is gradually strengthened.At present,administrative enforcement of trademark rights protection in China has its necessity and legitimacy for trademark rights protection,but at present,administrative enforcement of trademark rights protection still has some outstanding problems in theory or law enforcement practice,and administrative enforcement can not effectively solve some complex cases of infringement of trademark rights.It is urgent to improve administrative enforcement of trademark rights protection in China.The article is divided into four parts: The first part,mainly analyzes the background and significance of the administrative enforcement of trademark rights protection,the current situation of the research at home and abroad,the research ideas and methods of the article,and the innovation and insufficiency of the research;The second part,the overview of the administrative enforcement of trademark rights protection,explains the concept of trademark and trademark rights,the connotation and method of administrative enforcement of trademark rights protection,and the main principles of administrative enforcement of trademark rights protection.This part not only contains the relevant theories in the field of trademark law but also the related theories in the field of administrative law.Through the analysis of the relevant theories,it further deepens the understanding of the administrative enforcement of trademark rights protection in China from the theoretical level.The third part,on the basis of affirming the improvement of administrative enforcement in the field of trademark law in recent years,analyzes the main problems that still exist in administrative enforcement of trademark rights protection in China.The fourth part,aiming at the main problems that still exist in administrative enforcement of trademark rights protection in our country,puts forward some suggestions to solve the problem,so as to improve the quality of administrative enforcement in the field of trademark law,give full play to the advantages of administrative enforcement,and further improve the administrative enforcement of trademark rights protection in our country.