The Economic Analysis Of Trademark Protection

As an integral part of the goods, trademark is a product of commodity economy,undertake the transferring information function between the producers and the consumers.By identifying the trademark, consumers can distinguish different goods and services, and arouse the enthusiasm of commodity producers and sellers, which can activate the market and promote the benign development of economy. On the one hand, the development of commodity economy determines the appearance of the logo; On the other hand, the emergence of the trademark, in turn, plays an active and positive role in the development of the economy.Since the foundation of the People’s Republic of China, our country has got a relatively high honors in trademark protection: She introduced a lot of laws which protect the trademark rights such as “the trademark law”, and then gradually improve them; established a special government agency responsible for protecting trademark rights, these two can benefit from each other, which build the framework of trademark rights protection system in China. However, at present in our country the protection of trademark rights is not perfect, the trademark owner’s protection consciousness of the trademark is not strong, the speculative vendors counterfeit the others’ trademark for more economic profits, the regulation of trademark management and protection department is so weak, lack of international exchanges and cooperation, and our country lacks the trademark protection laws.In a word, all those series of problems lead to the emergence of trademark infringement problems. At the same time, in economic activities at home and abroad, the trademark infringement phenomena are intensified, and cause a serious damage to the lawful rights and interests of the producers and consumers in China. Therefore, strengthening trademark protection work is urgent.As an important asset of the enterprise, the commercial value of trademark is hard-won. At first, strengthening the protection of trademark rights is favorable to consolidate the trademark market position, which is the means of avoiding enterprise commodity aging in market competition. Second, strengthening the protection of trademark rights is good for intervention and chemical defense crisis. Because of the changeable market economy, enterprises face a threat from the all sides. Face with the crisis, products with well-known trademark are able to pick up the slack at the critical moment. At last, strengthening the protection of trademark rights is very important to the development of international trade. In international trade, the trademark image represent the quality of the goods and represents a country’s level of productivity. Therefore, establishing a reasonable and effective system of trademark protection is favorable to enhance the competitiveness of the goods of our country in the international market, to maintain a good brand image and to promote the development of China’s foreign economic well.Based on the above considerations, this article uses the theory of the legal economic analysis to analyze the essence of the trademark and trademark rights. Using the cost-- benefit analysis, the balance of supply and demand analysis, efficiency analysis and so on, it illustrates the importance of strengthening the protection of trademark rights. Combined with the actuality and weakness of current trademark protection, drawing lessons from trademark protection experience in foreign developed countries, from theory and practice, in the point of view of the manufacturer, the administration, the legislation, and the social public, I put forward some suggestions to perfect the trademark rights protection work in our country.