The Intellectual Property Protection Of The China Time-honored Brand

The China Time-honored Brand is a precious legacy in the history of our national development, which has created many glorious histories in the process of our economic development. Moreover, it is a key means of independent innovation and brand strategy in the international arena now, and plays an irreplaceable role in the economic development. However, with the rapid development of market economy, our existing legal system has showing powerless in the protection of the China Time-honored Brand. Moreover, there is no comprehensive system of legal protection for the smooth development of the China Time-honored Brand. So, the violations of China Time-honored Brands are often occurs, which are not only have impeded the heritage and development of the China Time-honored Brand Seriously, but also is not conducive to the harmony and stability of the market economy. Therefore, perfecting the legal protection of the China Time-honored Brand is an inevitable requirement and important prerequisite for the development of the times.The author elaborated on the intellectual property protection of the China Time-honored Brand from four chapters systematically. Chapter I has introduced some basic theories of China Time-honored Brand briefly. It has summarized the definition of the China Time-honored Brand and the methods and procedures of its determine. This chapter has also analyzed the property of the China Time-honored Brand on its object which is a intellectual achievement, both personal rights and property rights, proprietary and regional, then concluded that the China Time-honored Brand belongs to the areas of the intellectual property protection. Next, it concluded the far-reaching significances of the intellectual property protection of the China Time-honored Brand from three aspects, which are culture, economy and society. Chapter II has analyzed the current status of the intellectual property protection of the China Time-honored Brand both from legislation and practice, pointed out some shortcomings of this status. The Chapter III has introduced the situation of the intellectual property protection of trade names in international conventions and major countries such as the United States, Germany and Japan, then summed some experiences for our reference. Chapter IV has gave a few suggestions on improving the intellectual property protection of the China Time-honored Brand. It is premise that we must be clear that the China Time-honored Brand belongs to the system of intellectual property rights. We also should establish a unified system of protection between the China Time-honored Brand and trademarks by some means, such as clearing to the Time-honored Brand can be registered as a well-known trademark, determining the Time-honored Brand is a neighboring right of the trademark and they are prior rights each other in the Trademark Law, establishing cross retrieval system in these two rights. In addition, is also essential that we should perfect the registration conditions and scopes of protection of the China Time-honored Brand. We not only need to adopt the principle of using, but also need to implement a system that can unify the management and registration for the China Time-honored Brand in our country. And last, this chapter has raised that we should reference to the mode of "license or transfer" and improve the well-known font system to strengthen the protection of the China Time-honored Brand. I hope it can play a role in the heritage and development of the China Time-honored Brand.