The Study On Unfair Competitions Of The Trademarks

Strategy Outline of National Intellectual Property Rights was issued and implemented in2008, marking that intellectual property rights supporting the construction of innovative nation rose to national strategy. In the strategy outline, it clearly pointed out that we should effectively protect the owner’s rights and interests of trademark rights, and severely crack down on infringement activities, and safeguard the market order of fair competition. At the same time, a series of competitions around the possession and usage of trademark are increasingly fierce. Whether to obtain trademarks adopting the registration principle or the usage principle, trademarks are ultimately used in the market. It had established a close relationship between the use of trademarks and the competitions, therefore, when talking about Trademark Act, we are certain to mention the unfair competitions.As the current system of Intellectual Property Act is not perfect in the aspect of legislation in China, Anti-unfair Competition law of People’s Republic of China can be seen as a law, which is most closely related to the system of Intellectual Property Act. According to the basic principles of Trademark Law and Anti-unfair Competition Law, this paper further clarified their cross and complementary relationship through specific cases; and is to look out for the effective method to regulate infringement cases of trademark rights involving unfair competition behaviors, through the research of domestic and international legislation and international treaties, and then give the proposal to improve the competitive behaviors in the use of the trademark under the current judicial system.According to the basic legislation principles of Anti-unfair Competition Law and Trademark Law, this paper analyze the various forms in the unfair competitions of trademark, and gives critical analysis one by one. While the introduction of foreign legislative system and ideas, this paper, combined with the research status, put forward reasonable proposals for our current legislation system.This paper focuses on the research of cross relationship between Anti-unfair Competition Law and Trademark Law, and the specific circumstances of unfair competitions of trademark. On the basis of summarizing their experience, this paper, based on a case study, gives a detailed analysis, focusing on malicious registering trademarks in unfair competitions of trademark, counterfeiting, the dilution behavior, parallel import. Finally, in view of present imperfect legislation in China, the writer put forward his views.