Trademark Safeguard Research In China-ASEAN

Nowadays ,The society is the knowledge-based economy society, and every country pays great attention to the intellectual property rights. The protection of trademark, especially in international level, has become the key point for every country to maintain a favorable place in the international trade. With the fast development of the reform and opening-up, China, in 2010, has surpassed Japan to become the second biggest economy in the world. Such kind of economical environment not only speed up the development of protecting trademark rights, but also attracts a lot of nations in Southeast Asia carrying out their trademark strategy in our country. With the establishment of China -ASEAN free trade area in July, 2003, economical exchanges among those countries in Southeast Asian have been greatly strengthened ,at the same time, the trade mark protecting system in the ASEAN free trade area has gained more attention by these countries. Besides, it is of great significance to consider the impact on the trademark protection system in China under this regional economical environment.The first part of the paper give the analysis of the existing trademark right safeguard system of China and the ASEAN free trade area, The second part tries to contrast the trademark safeguard system among UN,NAFTA and China-ASEAN,Part three and Part four give the suggestions to treadmark protect system of China-ASEAN free trade area and domestic area.The main body of this article has been divided into four parts.and has almost 30,000 words.The first part particularly combs the existing trade mark rights protection system in China-ASEAN free trade area to get the merits and shortcomings in protecting the trade mark right in China-ASEAN free trade area.The second fraction of this article tries to contrast the trademark safeguard system among UN,NAFTA and China-ASEAN, which gives the reference of a proper trademark rights protecting model under the China-ASEAN economical environment.Based on the analysis in part one and part two, the third part tries to consider how to improve the trademark rights protection system in China-ASEAN free area from the aspect of regional economy. To establish a highly effective and order system for protecting the trademark rights will be of great importance to promote the development of regional economy at home as well as to win a place of economy development abroad. With the help of the analysis above, this article highlights to establish an institution to deal with trademark disputes in the area and also gives an advice to crate distinguished trademark rights protection systems in different economical areas.Part four tries to figure out how to perfect the trademark rights protection system in China under China-ASEAN exist trademark rights protection system, The trademark rights system in China has its own developing problem, the problem is particularly represented in the execution of trademark law. At the same time, it also faces the requirements of protecting the rights under the China-ASEAN free trade environment. On the basis of the previous parts, this part is going to state the necessity of creating a goal to build up a system to protect the trademark rights, and to perfect the system under this goal so that we can set up a harmonious system at home while a strong and order one in the ASEAN free trade area. This part aims to propose an idea that the protection of trademark rights should embody cultural strategy, and protect the betterment of efficiency by moderation forward-looking visual angle progress right of trade mark. At the same time, based on the reality that China is a developing country, we should propose an idea of protecting respectively the trademark rights of special industry in our country.