The Study Of The Registered Trademarks Assignment System

With the development of intellectual property exchange markets and intellectual property trade,there are more and more trademark assignments especially in the joint ventures,the joint managements, mergers,reform of shareholding system,amalgamation, an increasing frequency, is trademark assignments. For example,in April,2004, consideration by the board of Amoisonic, Amoisonic purchase the overall trademarks "amoi" "amoisonic" and "amoisonie",which belong to amoisonic electronic company limited,.as the expense of 150 million. Assignor receive exchange value and assignee receive value in use by the assignment.Then the question is, there are also more and more disputes of the assignments trademark. For example,the dispute of wahaha and donone lasted for four years, civil proceedings and administrative proceedings are cause by the phenomenon of trademark burglary etc. However law circle have been unable to give sufficient attentions about exchange,circulation maintain value increase in value of the trademark.Some scholars believe economics should concern, these questions such as,these years the translations of intellectual property rights attention from the economic analysis. Some scholars believe trademark assignments apply to contract lawo Trademark law and theoretical research give more attentions to the trademark protection, give little attention to the trademark assignment.The existing legislative provisions have been unable to respond to the disputes of the trademark assignments positively.Therefore I will analyse legislation problems on the trademark assignments, so that the thesis can get clear the sequence and layout of the mechanism,not only for the theoretical research and judicial practice. I also hope some scholars give me some adivices and encourage me. There are four parts.in this article:Part 1 The basic theory of the registered trademark assignmenrs.First, I introduce trademarks in the form meaning and in the substance meaning registered trademarks assignment refers to trademarks in the substance which used and accumulated goodwill. Then I analysis,the trade- tmark rights in legal theoery, providing theoretical foundation,for registeredtrademark assignment. Trademarks are private rights, in the primary position, both public color, protection of private rights is more important than public rights.; Trademarks are property rights, the value of the trademarks has been recognized in public; invisible trademark rights determines the transfer of trademark rights should be registered,in order to protect the interests both assignor and the assignee. Finally I analyse the significance of the registered trademark assignment.Part 2 The comparative study of the registered trademark assignments.Procedure:in Russia, register is the conditions which registered trademarks assignment contract take effect, in German,register is the conditions which the ttrademark rights transfer, in France, register is the conditions which go against the third,in the United Kingdom,register is the conditions which get damages. Entity:Most countries in the world think that the principle of the registered trademark assignment include assignment in gross and free assignment. Registered trademark assignment should be limited, such as collective trademarks, certification trademarks, united trademarks and common trademarks.Part 3 Legal problems about registered trademarks assignment r system.Procedure: Approved system should be reform urgently:It counters the autonomy of private law and the cycle is long; Trademark assignment application provisions are inconsistent and Trademark Office make errors in rigster,leading to the phenomenon of trademark burglary Entity:Unused registered trademark assignment lead to trademark rent-seeking; Trademark transfer which has been authorize others provisions are too simple; The interests of the third party in good faith is not protected; national brands loss.seriously in the course of the assignmentPart 4 The perfect of the registered trademarks assignment system.Procedure: Change the approved notice system to the registration transfer system, corresponding to shorten the rigster cycle; Both the assignor and the assignee apply trademark assignment procedures.Trademark Office take responsibility for making errors.Clear judicial remedy to prevent the the phenomenon of trademark burglary. Entity:Prohibit unused trademark assignment to stop trademark crazy men; Refine the trademark assignment which permit others to use, make provisions about the assignee's preemption and the assignor's warranty obligations; The system of acquisitions in good faith should extend the trademark to protect the interests of the third in good faith; Improve the relevant legislation,about national brand assignment, the approved notice system should be taken before assignment and the revocable system should be taken after assignment. Chinese companies should sign licensing contracts as much as possible to ensure no loss for national brands.