The Integration of International Trademark Protection -Discussion on the Possible Cooperative Model between Taiwan and China

• Main Authors: Ssu-hsin Lin, 林思欣
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/74263834599674487867

碩士 === 逢甲大學 === 財經法律研究所 === 98 === Trademarks have the function of identification, distinction of others goods and service, quality guarantees and advertising promotions. On business behavior, the trademark owner haw to obtain trademark protection with efficiency, that is, one of the important trade issues. In light of globalization and international trade, through the establishment of the international organization, signed the international treaty or regional trade agreements, for the purpose of harmonizing the difference of trademark law on each countries, even developed protection in cross-border registration system. Since the opening up of Cross-Strait relations, people on both sides take advantage of the differences of trademark law or the institutional immaturity to lead like the registration of origin for agricultural products, trademark counterfeiting, etc. So it’s important negotiation how to achieve the cooperative model between Taiwan and China. In the background of international trademark protection, I think that both sides should learn from the international community through the existing model of international trademarks protection to discuss contracting background, important normative content, advantages and disadvantages, etc. From those viewpoints to find a suitable the cooperative model between Taiwan and China so as to protect the trademark owners'' interests. Meanwhile, Taiwan and China advocate the signing of the ECFA, it opens the path of bilateral negotiations between Taiwan and China under the WTO multilateral system. I consider that both sides can sign agreements of bilateral trademark cooperation just like imitated the establishment of the model of international trademark protection, it may be a good way to resolve trademark disputes between Taiwan and China.