我国商标法在保护高技术中存在的局限性及成因分析

Limitations of China' s Trademark Law on High-tech IPR Protection and Reasons

深入分析我国商标法在高技术知识产权保护中存在的保护范围、保护地域问题,指出商标法保护高技术不利的一般原因是科技发展水平、利益平衡等因素,根本原因则在于商标权的法律特征无法较大程度上体现高技术的技术特征。

The reasons why China's Trademark Law cannot offer a full and sound protection to high-tech intellectual property rights(IPR) are discussed in depth, involving the legally protective limits, prescriptive rights, regional legality of IPR protection and publicity of trademark. It is found that in general the unsound protection can be attributed to the unsatisfactory legislative notions, the level at which the technology have been developing. But, the most important reason is that the rapid high-tech development has not been characterized by the Trademark Law that takes effect now in china. It is therefore suggested that the optimum legal option for high-tech IPR protection is taking the Law on commercial secret security as the core with some other auxiliary laws/regulations formulated and legislated for IPR protection to support it.