以司法保护为主导的商标权保护制度之构建.PDF

Abstract: According to China’s “Trademark Law, when trademark rights are infringed, trademark owners can seek to protect their rights either by administrative protection or by judicial protection. The double protection system, on the one hand, enhances the protection of trademark right, giving the trademark owners more room for protection; on the other hand, due to the imperfection at the interface of the two protection systems, confl icts and waste of resources are unavoidable. This article aims to use the legal relationship analytical method to clarify, in the perspective of jurisprudence, the substance of the trademark law relationship, and tries to fi nd the most scientifi c system for trademark protection. The paper involves economic considerations, taking both jurisprudence and practices into account, meanwhile, giving attention to both operability and effi ciency, vividly distinguishes the difference and the actual convergence between trademark administrative functions and trademark judicial relief functions. In the end, the paper concludes the merits of judicial oriented trademark protection system. Key Words: trademark right; trademark exclusive right; administrative protection; judicial protection; judicial relief