论文部分内容阅读
历经三十年发展,我国商标制度建设已取得很大成就,但也存在不少制度问题需要通过法律修订予以解决。新公布的《商标法》(修订草案征求意见稿)在很多方面已有提高,但无论从实体还是程序角度看它仍有进一步改进的必要,以维护商标制度对于公平和效率的追求。需要着重关注和解决的问题包括驰名商标的认定与管理、未注册商标的保护、如何提高商标确权效率等。从法律文本角度看,“征求意见稿”也有不少条文可以补充或改善。
After 30 years of development, great achievements have been made in the establishment of China’s trademark system. However, there are still many problems that need to be solved through legal amendments. The newly promulgated Trademark Law (Draft Revised Draft) has been improved in many aspects. However, it still needs further improvement both in terms of substance and procedure in order to uphold the pursuit of fairness and efficiency by the trademark system. The issues that need to be focused on and resolved include the recognition and management of well-known trademarks, the protection of unregistered trademarks, and how to enhance the efficiency of trademark rights confirmation. From the legal point of view, there are many provisions in the “Draft” that can be supplemented or improved.