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The Anti-unfair Competition Protection of Particular Business Mark of Well-known Commodity

Author: AiZuo
Tutor: LiYang
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Known goods Unique name packaging and decorating Protection of competition law
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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Abstract


Name, packaging and decoration peculiar to well is a very important commercial mark. Unique name, packaging and decoration can be separated from the specific goods or services and other goods or service area, precipitation of goodwill has great help sell products, build brand Appear in the competition in the market, precisely because of this, a large number of infringement of well-known peculiar name, packaging and decoration of the case. Counterfeiters using a variety of clever and covert means, damage the legitimate rights and interests of the well-known commercial mark owners and consumers, a serious impact on market competition order. Therefore, a specific study on this issue has important theoretical and practical significance. The unique name of a well-known commodity, packaging and decoration in China by the Anti-Unfair Competition Law \However, in the instance of the endless stream of disputes, these provisions are still exposed to a series of defects and shortcomings. Given these circumstances, we tried the unique name of a well-known commodity, packaging and decoration of the protection system to make a complete and systematic combing the basis of the principles and provisions of the reference to international conventions and legislative practice in developed countries, to improve our well-known commodity-specific name, packaging and decoration of the protection system put forward some reasonable proposals. In addition to the introduction and conclusion, the total is divided into four parts. The first part introduces the unique name of a well-known commodity, packaging and decoration concept and function, solve the problem of commercial Why peculiar to well protected by the marked outline. The second part is the most important of this article, the analysis of the existing system of regulatory legal acts of infringement of the well-known peculiar name, packaging and decoration elements. The third part lists the theoretical development of the international conventions and the relevant aspects of the developed countries, the legislative status quo and judicial cases. The fourth part, according to previously discussed, discusses peculiar to well commercial mark in the legal protection of systemic defects, and made some recommendations. All in all, the historical development of the socialist market economy in China is still not a very long, means that our legal commercial mark the level of awareness and attention are limited, and there must be a defect in its protection. Whether in the legislative or judicial needs combined with China's national conditions and legal status, learn from the international conventions and related systems of the developed countries to the Anti-Unfair Competition Law, and further improve.

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