The Study Of The Application Of Law For The Foreign-related Case Of Trademark

The educational circles pay attention to the study of the application of law for foreign-related case of trademark for a very long time. The comprehensive understanding of territoriality of trademark and the increasing of conflicts in trademark area put the application of law for foreign-related trademark in the important status. After the implementation of <Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China>, the legislation of application of the ownership and the contents, the contract and the liabilities for tort for the trademark were set in, which provided the legal basis to solve the disputes. However, whether on defining the range of application or the choice of connecting point in the foreign-related trademark, there are some kinds of deficiencies because of the unique of trademark right and the diversity of the foreign-related trademark cases. Moreover, through the analysis of the cases, we find that there were still some imperfections while the judge decided the foreign nature, the nature of the case and the application of law on the foreign-related trademark case. The application of law for the foreign-related trademark is not applied well.As we all know, the legislation and the judiciary both are very important that they connect and influence each other. The application of law for the foreign-related trademark should be consummated on these two levels based on the need of reality. On the legislation, it should enlarge and change the range of the ownership and contents reasonably; the connecting point, "the locality where protection is claimed" should be reconsidered in different aspects; on the judiciary, it should be accurate to realize the territoriality of trademark, the cognition of the application of law for the foreign-related trademark should be realized out of the rigid barrier of the territoriality. The mind of the foreign nature should be strengthened and the application of law for trademark should be applied in the accurate way.