| Trademark registration system is one of the effective measures to realize trademark functional value; however, its territory character has hindered the realization of its value and furthermore affected the expansion of international trade. The development of international economy and trade requires trademark registration system to be convenient, assured and with low cost. Therefore, for a long time the international society has attempted to coordinate trademark international registration. The purpose of this dissertation is to explore the international trademark registration system in the context of TRIPS Agreement Apart from introduction and conclusion, this dissertation includes four chapters.In introduction, basic concepts and functional value of trademark registration system have been analyzed. Trademark registration system is an effective measure to realize trademark economic function, however, the difference of its territory has hindered its realization in international trade. The expansion of international trade requires a consistent trademark registration system. The" patchwork-quilt-blanket" theory of IP international protection shows that in a short term the unification of trademark international registration system is unrealized. Currently, the realistic way is to narrow the difference of trademark registration system among different countries in the way of international coordination. The aim of such coordination is to create an international trademark registration system which is to be convenient, assured and with low cost.In chapter one, fundamental theories of trademark registration system under TRIPS Agreement have been studied. Firstly, basic international legal documents governing international trademark registration have been briefly introduced and analyzed from two aspects. Meanwhile, two basic international trademark registration coordination system, international trademark registration and national trademark registration coordination system, which were established by such legal documents have been compared and analyzed. Secondly, further study has been carried out on trademark registration system under TRIPS Agreement. The origin of trademark registration system under TRIPS Agreement is the development of international trade. Considering the deficiency of the international trademark registration system under WIPO, GATT establishes a platform for the development of trademark registration system under TRIPS Agreement. As the most important commercial country, the United States has established its special trademark system with significant influence on trademark registration system under TRIPS Agreement. Trademark registration system under TRIPS Agreement includes relevant clauses of TRIPS Agreement and Paris Convention (1967). Compared to international trademark registration system, trademark registration system under TRIPS Agreement has achieved new development, while it has its limitation at the same time.In chapter two, under TRIPS Agreement, trademark registration obligations born by WTO Members have been analyzed. Firstly, under TRIPS Agreement, the basic characteristics and identifiable measures of such obligations have been generally addressed. Secondly, the said obligations have been further discussed from six aspects: (i) considering the obviousness of trademark, Members are allowed to select usage as one condition of registration. Members can not reject trademark registration because of the character of goods of service; (ii) Members should publicize their trademark registration and provide withdraw and demurral system; (iii) in some situations, Members are allowed to reject trademark registration under Paris Convention and TRIPS Agreement; (iv) acquirement, usage and limitation on the proprietary right of trademark registration have been studied; (v) protection and identification on famous trademark under TRIPS Agreement have been discussed; and (vi) Members should undertake some obligations and exceptions in the context of national treatment and the most favorite treatment.In chapter three, demonstration measures have been applied to further discuss the trademark registration system under TRIPS Agreement. In the first place, a brief introduction has been carried out on United States-section 211 Omnibus Appropriate Act of 1998. Secondly, several opinions of parties and of the panel as well as the Appellate Body have been summed up and analyzed. Such opinions include registration requirement on trademark subject under TRIPS Agreement and Paris Convention, the scope of rejection of trademark registration under TRIPS Agreement, rationality of using proprietary as one excuse of rejection and identification of breach of national treatment and how to counteract different treatment. Lastly, it is stated that this case has positive influence on trademark registration obligations under TRIPS Agreement, while at the same time has negative effects on coordination of international trademark registration system.In chapter four, suggestions on legislation of our trademark registration system have been discussed. With a view to becoming a WTO Member, China has made some amendments on its trademark registration system in accordance with the requirements of TRIPS Agreement. A better understanding on the status of fulfilling TRIPS Agreement obligations can be achieved by comparing the trademark registration legislations of China and TRIPS Agreement. Currently, China is undergoing its third trademark law modification. Several analysis and opinions on the drafts of amendment drafts have been put forwarded after considering trademark registration obligation under TRIPS Agreement and our realistic demand.To sum up, trademark registration system under TRIPS Agreement is very significant for the development of coordination of international trademark registration because it includes the minimum obligation born by Members. However, due to the limitation of international treaty-making, such obligations are not clear enough and require thorough analysis. As a WTO Member and one of the most active countries in international trademark registration, China should continuously improve its trademark registration system in accordance line with the development of TRIPS Agreement in respect of trademark registration system. |
