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The Protection of the Abbreviation of the a Company’s Name

Author: CaoDingYue
Tutor: ZhangGeng
School: Southwest University of Political Science
Course: Intellectual Property Law
Keywords: abbreviation of a company’s name intellectual interest prior use natural right legalism differeniated liability
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 74
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Abstract


The cases about the abbreviation of a company’s name (in this article,referred to as“ACN”) just appeared in China in recent years. Driven by economic interests, the cases of cybersquatting other enterprises’ACN in the trademark registration is increasing, and the conflict between trademark right and ACN is becoming increasingly evident. As there is no clearly provision about ACN protection in China’s current legislation, there is no standard ACN be applied in judicial practice and there are huge disputes about the nature, elements and legitimacy of the ACN protection . The results of such similar cases are very different, it is badly hurt the unity and authority of judicial. So the legal system of ACN in China needs improvement.This thesis is divided into six parts:The first part the“Sony Ericsson”case leads to the controversies of ACN cases: the elements of ACN; the legitimacy of the ACN legal protection; the legal basis of ACN protection. Then it analysises the three reasons of the ACN cases .The second part is the basis for this thesis. It mainly discusses the conception, nature and elements of ACN. Firstly, it compares ACN with the company’s name and trade name, then it concludes the conception of ACN. Secondly, it raises that the ACN includes type tradename and type abbreviation because the differient combinations. Then it dissuses the ACN’s natrue of intellectual interest. Finally, it summarizes the elements of ACN as certain popularity, the only directivity, the active and passive use.The third part is the focus of this thesis. It discusses the legitimacy of the ACN protection from theoretical and practical aspects. Firstly, it introduces the views of supporters and opponents. The author’s point of view: there is no conflict between the concept of natural rights and the legalism. The concept of natural rights could be the legitimacy basis of ACN protection, and the legalism could be the system design. Secondly, it introduces the AmeriACN and British judicial practices, they are the judicial basis of ACN protection.The fourth part summarizes the existing state of China’s ACN legislation and justice. It points out the defect of China’s ACN protection.The fifth part is also the focus of this thesis. From the forth discussions, it puts forward four suggestions for improving China’s ACN protection system: establish the system of differentiated tort liability, ACN registration attached to company name registration; trademark and ACN cross-search; standard use of ACN.

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