商标专用权行政保护法律问题研究-法律专业论文.docx

AbstractIn Abstract In China，a“dual—track’’protection mechanism consisting of administrative protection and juridical protection has been implemented to protect the exclusive right to use trademark，especially the administrative protection which is more characteristic and conformable with the national conditions．It is quite necessary for our country to adopt as well as strengthen the administrative protection，which is determined by the practical needs of trademark right protection，needs of government’S moderate regulations，needs of maintaining public benefits， needs of effective protection to legitimate interests，needs of China’S duty to carry out relevant international agreements，as well as the common practice of foreign administrative protection of trademark right．In the meantime，compared with juridical protection，administrative protection enjoys timeliness in protection，diversity in approach，initiative in startup， convenience in rights protection，broadness in request obj ects and assistance in law enforcement，and SO on． The existing domestic laws of trademark administrative protection include laws，administrative regulations，departmental regulations，local regulations，normative documents，and relevant intemational convention， multilateral and bilateral agreements，which mainly involve three III 万方数据 administrative administrative law—enforcement subj ects：industry and commerce organ， customs and public security organ．The scope of administrative protection mainly covers the supervision of registered trademark and unregistered trademark，registration and protection of geographical indication， recognition and protection of well—known trademark，and the protection of the exclusive right of the Olympic symbols．The powers，that relevant administrative organs can utilize when implementing administrative protection functions，include administrative confirmation，administrative investment and disposal，administrative penalty,and administrative mediation．However，there are certain