Analysis To The Objectives And Performance Of The Policy Of Protecting The Exclusive Right To Use A Trademark In China

This article aims to analyze the objective and performance of China's policy for trademark right protection, to examine the actual effects of the objectives established by the system, and to make a study on the participants with different interest hobbies during executive course of policy, and assume evolution of the policy.Multiple approaches have been adopted in the study. A contrast analysis of policy objectives between different historical periods has been made. The active policy objective was disassembled, in order to appraise the rationality of instauration of the objectives. Statistic data drew from policy implement was processed to evaluate the effect of the system. A kind of quantitative analyses method: correlation analysis approach of regression analysis between accumulative total number of effective registered trademark and GDP was lead to prove that policy has incentive function on economy development. An applicant for the registration of a trademark was asked to express his opinion on system. Infringement behavior was analyzed by the way of Cost-Income method. Affections, which were put on the performance of the policy by the participants with different interest hobbies in the executive course of system, were also discussed.The conclusion is as below:The objectives set up by the policy accords the principle of a theoretic Property System by the large. The purpose to supervise the quality of the goods in the market becomes redundant in the policy. The system of right confirmation plays an important role in fostering innovation. The administration system effectively keeps infringements within limits by making great efforts to enhancement, but the holders of registered trademarks who had encountered trademark infringements could not be compensated entirely. The correlation analysis shows that the output of the policy is positive correlation to the nation's economy growth. What influenced the executing procedure most were the Selfish Departmentalism on step of policy establishment and District Protectionism in executive course. To solve this problem we should keep judicature and executing the law isolated from district administration authorities, and further reform administration system.