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The Improvement of Administrative Settlement Mechanism on Trademark Dispute

Author: LiuXueSong
Tutor: PengGuiCai
School: Jilin University
Course: Legal
Keywords: Trademark infringement Administrative processing Administrative rulings Administrative mediation Administrative arbitration
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


Trademark as a product of the commodity economy, not only enables consumers to significantly distinguish the goods or service marks, and can bring huge economic benefits to producers, operators. However, with the rapid development of the socio-economic and science and technology, trademark infringement disputes growing traditional legal channels led dispute resolution mechanisms to face enormous challenges. Face of professional, diverse, complex civil disputes, and the world, while the reform of the judicial system, but also attaches great importance to the development of litigation dispute resolution mechanism, which, civil disputes, administrative processing mechanism widely popular because of administrative processing mechanisms to solve civil disputes compared v. tired burdensome judicial means efficient, flexible, and other characteristics. Trademark infringement dispute is closely related to private rights and public power, and has a high technical requirements, the interest groups involved are more complex, these features together determine the advantages than judicial means to resolve disputes through administrative processing mechanism. In addition, from traditional and for your thoughts and executive power in the minds of the lofty status considerations, administrative handling mechanism is easier to promote and practice. However, does not establish a sound administrative processing mechanism, only in the \This will inevitably lead to a mismatch between the law and judicial practice. Administrative rulings and administrative mediation legal remedies, \handling mechanism. Therefore, in order to fully safeguard the rights of the legitimate rights and interests, weighing the interests of stakeholders at all levels, so as to better address the trademark infringement dispute, to stabilize the market economy, it must be combined with the reality of our country, to improve the administrative processing of trademark infringement dispute mechanism. The main part of this article is divided into four chapters: the first to define the concept of trademark infringement dispute related administrative processing mechanism. Through the analysis of the definition of the concept of the trademark, trademark infringement, as well as administrative processing mechanism and legal characteristics, not only to clear the scope of this study, also executive power involved in a trademark infringement dispute the reasonableness laid the foundation for the analysis below. Involved in a trademark infringement dispute the legitimacy of the second chapter of the executive power to analyze. I first make a clear interpretation of the term on the executive power, pointed out that the executive power is not built on the basis of the separation of powers theory, but concepts such as the administrative authority of the same. After that, based on the social background to the executive power to intervene in civil disputes, executive the right to intervene in a trademark infringement dispute the legitimacy of both legitimacy and rationality. Chapter and Chapter by analyzing our existing trademark infringement dispute the administrative processing mechanism proposed legislation defects of the existing administrative approach, combined with our judicial practice, proposing additional administrative arbitration system, will eventually and administrative ruling, administrative mediation combine suggestion to improve the administrative handling of trademark infringement dispute mechanism.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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