| Business logo is the recognition of the various market operators in commercialactivities. Because business logo is a part of operators of all intangible assets whichcontains a lot of commercial value, various market operators will counterfeit thebusiness logo, which is a serious violation of the legitimate interests of marketoperators and consumers. Currently, our protection provisions for business logo arescattered in various laws, administrative regulations and provisions. However thedistributed structure of legislation for the protection of business logo is not sufficientand has a lot of problems. Several possible legislative protection modes are lack ofunity and operability, which highlight the importance of using Anti-unfair competitionlaw to protect identifying business logo. Anti-Unfair Competition Law not only canprovide the legal protection of the business logo with Intellectual Property Law, butalso can balance the legal rights conflicts arise in the course of business logoprotection under intellectual property law system. But China’s current regulations ofanti-unfair competition law to protect business logo still have many deficiencies.These deficiencies should be improved so that anti-unfair competition law can bemore fully to protect the legitimate business interests of the relevant rights holders.This paper will analyze and solve these problems in depth. Firstly I will introduce thedefinition，classification and characteristics of the business logo and the significanceof legislation to protect them. Secondly I will overview the relevant foreign legislativesystems and analyze the current status and some protection problems of the relevantdomestic legislations. Thirdly I will describe the rationality of using Anti-unfaircompetition law to protect the business logo. Finally I will conclude some suggestionsto improve the relevant provisions of the Anti-Unfair competition Law in order tofully protect the legal right of business logo. |
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