Research on Internal Logic and Pattern Choice of Systemic Architecture of Trademark Law of China——Also Discussion on Structure of the Draft of Revised Trademark Law of China(for Comments)
Systemic architecture is the arrangement of the content of the law in structure,which has an important influence on the mastery,understanding and application of the law.The fundamental nature,basic content and logical structure of trademark law are the basic factors that determine the systemic architecture of the Trademark Law of China.The trademark law is private law and substantive law in terms of fundamental nature,and includes both substantive provisions and procedural rules in terms of basic content,and is an integral composition with certain logic and structure.Regarding the arrangement of systemic architecture of trademark law in countries or regions of the world,there are mainly procedure-oriented mode,mode of interlaced substantive and procedural rules,mode of separating substantive and procedural rules.Since its enactment,the Trademark Law of China has been adopting the procedure-oriented mode which is structured according to the procedure of trademark application and registration and has many unsound aspects,and the deeper reason lies in the influence of empiricist legislative tradition and the immaturity of academic research.Based on the current situation of trademark legislation in China,the mode of separating substantive rules and procedural rules has obvious advantages in systematization,formal rationality,practicality,etc.,and is the ideal mode of the systemic architecture of the Trademark Law of China.The Draft of the Revised Trademark Law of China(for Comments)still has many problems in the systemic architecture,and it is advisable to adopt the mode of separating substantive rules and procedural rules to readjust the chapter-based structure,respectively optimize the structure of general provisions and improve substantive and procedural provisions according to the sequence of"General Provisions-substantive provisions-procedural provisions".
Systemic Architecture of Trademark Law of ChinaSubstantiveProceduralSystematizationAmendment to Trademark Law of China
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