论我国商标司法的八个关系——纪念《商标法》颁布30周年

《商标法》的适用需要妥善处理商标立法与司法、强保护与弱保护、内与外、主观与客观、一般与特殊、形式与实质、历史与现实、共识与尝试等八个关系。这些关系反映了商标司法中的基本矛盾和基本问题。把握这些关系和处理好这些问题,对于确保商标法的正确适用和商标案件的裁判具有积极意义。

On the Eight Relations in the Practice of Trademark Law:To Celebrate the Thirty-year Anniversary of Trademark Law

To apply the Trademark Law, there are eight relations should be dealt with properly, including the relations between legislation and judiciary, strong protection and weak protection, domestic and oversea, subjective and objective, general and particular, form and essence, history and reality, as well as consensus and attempt. All these relations convey the reflection of the basic problems and contradiction. The proper understanding and management of these relations are positive and meaningful for applying of the Trademark Law correctly and judging of the trademark disputes.