Chinese Trademark Law Protection System And The Policy Of Free Trade Balance

With developing of economic globalization, the relationship between trademark rightprotection and international trade is getting more and more close. China, as contracted partyof both World Intellectual Property Organization (WIPO) and World Trade Organization(WTO), shall fulfill the obligations of protecting trademark right, as well as promotinginternational trade free.The trademark legal protection system in China is maturing to satisfy the requirements ofAgreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) under WTO.Meanwhile, in the rapidly growing foreign trade of China, issues related to trademark rightprotection arise, such as parallel imports and OEM. These issues reveal the imbalancebetween trademark right protection and free trade.From analysis of the trademark legal protection system of China, it concludes that theprincipal purpose for protecting trademark right by law is to avoid the confusion, misleadingand deceiving. The protection beyond such limitation to trademark right belongs toover-protection or abuse of right, which will interfere with public policy.Further analysis is made in respect of relationships between trademark right protectionand international trade as well as trade policy. The protection of trademark right is regarded asa method of anti-unfair competition or promoting of fair competition, which is supplement tofree trade policy. On such basis, it is envisaged to establish balance mechanisms both insideand outside the trademark legal protection system, so that the protection of trademark rightwill be a guarantee of fair and free trade, but not become a barrier to trade. The balancethereof will be achieved then.