A Study of The Exclusive Rights of Trademark in China Under WTO System

• Main Authors: SU YING-ERH, 蘇英二
• Other Authors: Guo Jiann Jong
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/83662044415677651715

碩士 === 淡江大學 === 中國大陸研究所 === 92 === A Study of The Exclusive Rights of Trademark in China Under WTO System This thesis mainly analyzes the exclusive rights of trademark in China. How to utilize Chinese market resources, make Taiwanese enterprise grow stronger, develop Taiwanese industries long-term capability of competition and find the stimuli to increase the economy in Taiwan are the critical problems for Taiwanese under currently business relationship between mainland China and Taiwan. (1) Let Taiwanese businessmen learn how to prevent and pay attention to Intellectual Property Rights while doing business in China. (2) After China become a membership of the World Trade Organization (WTO) on December 11, 2001, the regulations and trade rule of WTO have been enforced the legal system of Chinese intellectual property to be changed dramatically. Whether to withhold these changes and create better profit or not is the milestone for Taiwanese businessmen to sustain the competitive advantage in Chinese markets shares. (3) In order to obtain the leading position of market between mainland China and Taiwan, Taiwan should motivate the economy and enforce the protection of intellectual knowledge based on knowledge-based economy, as Western countries do. This way will let the Taiwanese businessmen pay attention to the problems of right of intellectual property and torts alms so that take the advantage in Chinese market and improve own competitive power. (4) Analyzing the law system of China as a member of WTO based on the exclusive right of trademark and torts alms. This study will cover the following topics: 1、 Describe Chinese development of exclusive right of trademark and the system of intellectual knowledge after being a member of WTO. 2、 Discuss WTO and the agreement of trade-related aspects of Intellectual Property Rights. 3、 Alms of be torted for illegal usage of trademark in China. 4、 Analyzing cases about illegal use of trademark in China. Based on those analyses, there are some discoveries: 1、 Some problems currently exist in Chinese legal system about the intellectual property protection. 2、 There are some weakness between the legal system and the prevention of intellectual property. I proposed some suggestions for the exclusive rights of intellectual property and trademark in China and made some conclusion.