.21-century Trademark Law Convergence

With the china's entry into the WTO, how to do with the succession and transplantation in legislation becomes an important issue before us, which is an unavoidable chief category in modem jurisprudence. Admittedly or not, we have to do something about it However, the second amendment of the Trade-Mark Law of China on the special condition for entering the WTO, which is an expedient measure, remains deficiencies to be improved in the light of the requirements in law which is beyond any emotional effects, the modernized legality and the development of human society. Therefore, the study of how to improve the system of trade mark Law of China, to assimilate the trade mark Law of China with the international law development and to comply with the rapid development of human society, bears great significance in theory and reality.The thesis consists of three chapters. Chapter One: the motivation of assimilation of the system of Trade Mark laws; Chapter Two: the comparison and analysis of the Trade Mark law of China with the relevant rules of WTO; Chapter Three: some special issues in the system of trade mark laws.In Chapter one, the author points out that the economic globalization surely leads to the assimilation of laws based on economy, especially those civil and commercial laws. The assimilation of the system of Trade Mark law of China emerges in many ways. It is the product of history with the interaction of inside elements and outside effects. The western Law culture deeply influences the structure of the system of Trade Mark Law of China. But it is not the only and ultimate reason, even not the main reason. The main reason comes from during the China's transmission process into market economy, we found the deficiencies in the system and realized by and by that something had to be done to fill up these deficiencies.In Chapter Two, after comparing the Trade mark Law of China with the relevant rules of WTO (mainly the TRIPS Agreement), the author believes that the assimiktion of the system of trade mark laws is striking in civil and commercial field, which finds expression in the second amendment of Trade Mark Law of China, meanwhile, it is expressed that the assimilation of laws takes the acknowledgement of the difference and diversity of the law system in different countries, as the logical premise. There is no contradiction between the assimiktion of kws and the localization of kws. On this issue, we should oppose the saying: "to dump the child with the washing water".In the last chapter, some hot issues which is the ongoing rules of china which is insufficient, indefinite or nothing, such as the special protection of well-known trade marks, malicious registration of domain names, prior right and the liability principles of action for infringement of a mark, are probed here. And some ideas and suggestion are put forward to improve the system.