The Passing Off And Intellectual Property Protection Of Traditional Names And Symbols

In order to gain advantages in the market competition as well as attract the attention ofconsumers, more and more operators focus their attentions on the traditional names and symbols,which are some special business marks. As the carriers of traditional knowledge’s goodwill,traditional names and symbols are some valuable commercial credits and competitive resourceswhich can bring competitive advantage for their holders. So there would be some possibilities forthem to be faked or deluded by others. The misappropriating of traditional names and symbolswill make consumers to form a false association or confusion about the origin, quality andcharacteristic of the product, thus trading off the goodwill of the traditional names and symbols,and the passing off is an illegal conduct which disturbs the market orders. In the context ofcurrent legal system, the traditional names and symbols have not been affirmed and protected bythe laws, we can try to put the misappropriation of the traditional names and symbols into thepassing off system in competition law to offer some legal protection for them, avoiding thedamages of the economical and spiritual interests in traditional names and symbols, as well asprotecting the intellectual property interests of the traditional names and symbols’holders. Thepassing off system in competition law of England and the United States, as well as some legalsystem that protect the traditional culture property right, such as the Indian Arts and CraftsAct(IACA) in the United States that protect the Indian tribes’traditional culture resource, are ofgreat important legal enlightenment to perfect those relevant legal s ystem that protect thetraditional names and symbols. In order to protect the interests of the traditional communities ortribes, as well as the legal interests of other competitors and consumers, we should overcome thelimits of passing off system in our anti-unfair competition law on the protecting of traditionalnames and symbols,to perfect and innovate those relerant legal system, promoting the healthydevelopment of market competition order.