The development of China's Trademark Law over last four decades not only reflects a transition from trademark administration to trademark protection,but also a reintegration into civil law.Confronted with various problems in the field of trademarks in China,the revision of the Trademark Law lies on not only specific provisions,but also structural overhauls.The forthcoming revision of the Trademark Law should adhere to the principles of intellectual property protection established in the Chinese Civil Code,with a particular emphasis on protecting private rights within Trademark Law.Reflecting on the historical trajectory of China's trademark system,despite numerous revisions,the Trademark Law retains a pronounced public law orientation,owing to it historical emphasis on trademark administration.This is evidenced by its prevalent procedural public law norms and relatively weak private law norms.This paper conducts a comparative analysis of trademark laws from France,Germany,Japan,the United Kingdom and the United States,scrutinizing their provisions'arrangement and structural characteristics to sum up different models.Finally,based on the principle of"private law as the foundation,public law as the application",this paper explores potential structural adjustments to China's Trademark Law,drawing insights from foreign legislative frameworks.
万方数据
维普
