On International Trademark Law And Our Response

With the rapid development of international economy and the frequency of international trade,a tendency of the internationalization in trademark law system appears.China,as a member of the international community.has been unavoidably involved in the tendency and has been comprehensively affected and truck.Based on the current status in China,by citing"a good number of foreign related trademark cases and data^and by emphasizing in practical points of view.this article analysises the effects on China that the internationalization in trademark law system brings.demonstrates the exiting problems and defects in the trademark law of China,and elaborates the particular countermeasures which may be useful for us.The article begins from the time background in which the internationalization of the trademark law system appears.then summarizes the several development steps in the process of internationalization, introduces important conventions in relation to trademark, especially TRIPs.After that.the article reveals several main appearances of the internationalization of trademark law.such as the internationalization of legislation ,the internationalization of registration system.Then.the article points out how to acknowledge the objective phenomenon of the internationalization of trademark law system:the internationalization is only a kind of trend,not the worldwide unity of the trademark law;the internationalization mainly represents the interests of the developed countries,so we should choose our trademark law system on basis of differentiating a question in white and black.This article secondly elaborates the effects on China by the internationalization of trademark law system from both active and positive aspects.The outhor believes that the internationalization mainly bring three opportunites for China:(1) speeding up the perfection and improvement of China trademark law ;(2)benefiting protecting trademark right in China;(3)helping strengthening the international competitiveness of China trademark.But internationalization is like a sword which has two sides, bringing us challenges as well as opportunites.This article elaborates more on the three challenges:(1)the challenge to legislation of trademark:the internationalization requires a higher standard for legislation,but there exist vacancy and defects in china trademark law; (2) the challenge to the government in the protecting of the trademark rights:the duel protection systems in geographic marks,the problem in the recognition of well-known trademark,and etc;(3)the challenge to enterprises in trademark international competition:the foreign companies enlarge trademark dumping to China .while Chinese enterprises respond slowly to the crisis.Facing .the challenge of internationalization of trademark law system,this article offers the'countermeasures mainly from five aspects.lhe perfection of legislation.the improvement of the law enforcement,the strengthening of jurisdiction.the self-remedy by enterprises and the services of the trademark intermediary.On the perfection of legislation of trademark,the article emphasizes the following aspects:(1)to perfect the recognition system of well-known trademark,by defining the standard of well-known trademark,establishing mutual recognition system betweenadministrative and judicial authorities;(2)to perfect legislation to resolve the problem of cross-tort among trademark,business name,and anther intellectual properties;(3)to expressly establish the single protecting form of trademark in geographic mark,and to abolish the relevant rules about the protecting form of original region product.In addition,the article proposes suggestion in legislation regarding the perfection of the reasonable use system of trademark and the expressly prohibition of parallel importation.From the aspect of the trengthening administrative enforcement of trademark law.the article proposes suggestion regarding the protection of trademark right by customs,the sufficient realization in common access to information about trademark protection and...