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Study on Trademark Guarantee Legal System

Author: DengZhaoJun
Tutor: LiYuXiang
School: China University of Political Science
Course: Intellectual Property Law
Keywords: trademark guarantee pledge mortgage relinquished guarantee value assessment of trademark
CLC: D923.43
Type: Master's thesis
Year: 2012
Downloads: 82
Quote: 1
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Abstract


As the social economy develops, enterprises especially mid-andsmall-scale enterprises have been developed rapidly. The financing issuehas become a key factor but also a barrier of the enterprise development.Trademark as a symbol of the enterprise and commodity quality, hasbecome a significant intangible asset of enterprise. With the higheconomic value of trademark, trademark guarantee is becoming animportant new mode of enterprise financing. Although there is no lack oftrademark guarantee in either commercial practice or legislation in China,the provisions of such laws are too broad and mutually conflicting, andthere is a shortage of the supporting systems and measures. Also, there issome scattered study on the trademark guarantee issue, however, few ofthe treatises is systemic. Therefore, the author tries to make a systemicstudy on trademark guarantee legislation and the related systems by meansof comparative law. The dissertation consists of three parts, and the maincontents are as follows:Chapter1demonstrates the theoretical foundation of trademarkguarantee system from three aspects, including the history of trademarkguarantee, the justifiability of trademark guarantee, and the legal nature oftrademark guarantee. Trademark guarantee emerged and developed on thebasis of the rights guarantee system. Trademark guarantee system pursuesthe value of security, efficiency and justice. There is great necessity inpractice to implement trademark guarantee. About the debate whethertrademark guarantee is classified as mortgage or pledge, and whethertrademark guarantee includes atypical guarantee, the author will discuss in detail.Chapter2illustrates the existing legislation on trademark guaranteein China, the rules established by international treaties, and the typicaltrademark guarantee systems in some foreign countries or regions. Bycomparison, for reference we can use the advanced experiences of othercountries or regions on modes of trademark guarantee, the relationshipbetween trademark assignment and enterprise goodwill, the objects oftrademark guarantee, and the effectiveness trademark guaranteeregistration, etc.Chapter3explores the perfection of trademark guarantee legalsystem. As problems such as imperfect legislation, difficulties of valuationand transaction exist, suitable measures should be taken to improvetrademark guarantee legal system. Firstly, the system of trademarkguarantee legislation should be established, by clarifying the legal natureof trademark guarantee through the design of trademark guarantee legalsystem, and by improving the trademark guarantee legislation on theobjects of trademark guarantee, the establishment of trademark guarantee,and the legal force of trademark guarantee. Secondly, improve the valueassessment of trademark guarantee. To assess the value of trademark intrademark guarantee, we should first determine the type of value of theassessed trademark; moreover, the legal factors, and exlex factors shouldbe considered; finally, choose some appropriate evaluating methods by theabove considerations. Thirdly, develop the methods of fulfilling trademarkguarantee, by optimizing the means of realization, auction, converting intomoney by mutual consent, and also by encouraging the trademark rightlicense.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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