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Scent mark legal research

Author: ChiZhenHua
Tutor: ChenNaiWei
School: Fudan University
Course: Legal
Keywords: Scent mark Standard of review Significance Pattern indicates
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 0
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Abstract


Scent mark is a new field of trademark law topics. With the development of technology and the application of new business models, as a commercial activity of the product, also began to mark the visibility of marks from the traditional to the hearing, taste, smell and other trademark development, scent marks is generated in the process of the new trademark . However, due to the particularity of scent marks, its protection relative to other types of marks face more difficulties in the theory and reality, but also there is no consensus in the global standards of protection. Trademark Law of China is currently still in a wait state on its domestic research on scent marks is restricted, very few involved in this in the literature. However, in the face of commercial marketing and economic development requirements, whether or how the scent will be included in the scope of trademark protection faced by our country and to be thinking the next content. In this paper, firstly scent marks in practice doubts and difficulties encountered as a starting point to discuss the development of scent marks is limited reasons, to identify practical difficulties and problems, as discussed later in the foundation. Then, the smell of paper on foreign trademark legislation and practice to conduct a comparative study analyzed separately the United States, European Union, Australia, Africa and other countries and regions, and practices related cases, the protection of national circumstances and scent marks the position taken and methods analysis through observation of comparative law perspective, from which to draw. In the end, combined with previous analyzes and our reality development requirements as a foothold for our scent marks standard of review for reflection and discussion presented scent marks a significant, non-functional, drawings represent other standard of review in order to be able to type of scent marks and trademarks benefit the development. Today, the scent marks is still a controversial issue. From a practical point of view, although in some countries scent marks gained recognition and protection, but in the world, registered trademarks scent marks compared to the traditional is still like a drop in the ocean, the smell of trademark development in a variety of practical problems let us can not be too optimistic, many problems still need us to continue to explore in practice. But in any case, can be expected, along with economic development and the practical requirements of encouraging innovation, scent marks are trademarks of history will never be the passer-by, in some areas, scent marks can certainly become a company's most valuable brand identity . Therefore, learn and absorb foreign successful experience, based on the real soil scent marks and other new types of marks to explore, to seek appropriate protection system can not only promote the development of new legislation on marks, you can also take the initiative to participate in the new international trademark Among the legal protection system created to make our unique contribution.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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