Improvement About The Standards For Identification Of Specific Names Of Famous Commodities

There have been specific provisions on specific names of famous commodities in Anti-unfair Competition Law of China. However, in judicial practice, there are different ideas and practices about the identification of specific names of famous commodities, which prejudices the nature of fairness of law and makes it unclear for market subjects to decide its future acts due to lack of effective guidance. Through introduction of three cases, this article probes into the definition and identification standards of specific names of famous commodities and proposes improvement for relevant laws and regulations. There are four parts of this article in addition to the introduction part and conclusion part.Chapter I, from the analysis of three typical cases, the author points out that there is lack of standards,which is meaningful to guide the enforcement of law, in the identification of specific names of famous commodities applying Anti-unfair Competition Law in judicial practice.Chapter II, from the aspect of administrative management and judicial practice, the author analyzes theoretical and practical problems in different standards and shallow reasoning for identification of specific names of famous commodities.Chapter III, based on legislation and practice of relevant international covenants and different countries and regions regarding to the identification of specific names of famous commodities, the author tries to find experiences mainly concerning the patterns against passing-off, scope of protection and discretion, which could be used for reference.Chapter IV, to improve the system of identification of specific names of famous commodities in China, the author emphasis that we should improve the relevant legislation, specify standards and conditions for identification and clarify the procedure for identification as well.