商标权作为民事执行标的初论——由一起民事执行案例引发的思考

Preliminary Study on Trademark Right as Civil Execution Target——A Thought Stimulated by a Civil Case

该文通过对某信托投资有限公司(债权人)强制执行某集团公司(债务人)系列商标一案的实证分析,结合现存有关法律法规的规定,阐述了在我国当前市场经济形势下,商标权作为民事执行标的的可行性及特殊性,以及实践操作过程中常见的几个问题和解决办法。

Through analysing the case which a trust investment company as the creditor enforced series of trademark belonging to a group company as the debtor, based on the existing legislation, this paper sets forth feasibility and speciality of trademark right as civil execution target under the market economic system in China today, and points out several problems we meet in the practice and puts forward the solutions.