Competition Law Protection Of Well-known Goods Business Logo

Legal protection of well-known goods business logo is a widely discussed issueof both theory and practice field. And through competition law to protect thewell-known goods business logo is one of many academic points of view.This article analyzes the business logo on the protection of well-knowncommodity in our country from the perspective of the Anti-Unfair Competition Law.Firstly the article summarizes the legislation status of China’s well-knowncommodity protection and problems, and then identifies and analyzes the mainfactors of counterfeit of specific business logo on the well-known commodity, thusmake suggestions about how to improve our system of legal protection ofcommercial logos on well-known commodity combining international conventionsand foreign legislation.Introductory section leads to the purpose of writing this article: China’s currentlylack of specific provisions on the protection of well-known logo of commercial goods.Well-known commodity business logo is equivalent of an unregistered trademark inthe nature, while " Trademark Law" mainly protects the registered trademark, thus itis generally through the " Anti-Unfair Competition Law" protection, but manyspecific requirements need to be detailed when it is applicable to be practical.Body part consists of four chapters: The first chapter mainly analyzes the legislative status and problems of protectionof well-known products in China. China’s " Anti-Unfair Competition Law" stipulatesthat only when the commercial logos meet the protection elements including"famous ","unique ",they are protected. But there is no normal standard for theidentity of commodity " famous "," unique " elements. I suggest when makingdecisions about whether yhe business logos should be protected, the relevant factorsshould be considered in conjunction combining judicial practice, and shall makecomprehensive judgments case by case instead of simply adopt a " reverse thrust "principle. In addition, a more relaxed attitude shall be adopted in identifying thewell-known commodity in favor of the suppression of counterfeiting. For the identityof " unique nature " shall consider significance、originality and the issue of thetransforming of endemism into universal.The second chapter mainly identifies and analyzes the main factors of counterfeitof specific business logo on the well-known commodity,including the meaning of "unauthorized use ", the idea of well-known commodity hearing, the methodidentifying approximate use, whether the limited use of identical or similar goods,confusion analyzing standards. In identifying whether the conduct constitutescounterfeiting business logo should be a comprehensive analysis of these constituentelements. Firstly, the " well-known commodity " is the threshold condition;Secondly, it should be based on the general attention of the relevant public to identitywhether the same or similar business logos have" endemism " thus will cause amoderate level of attention of the relevant public confusion; Finally, a comprehensivejudgment should be make combining with the factors of the infringement intentionand the damage thus caused.The third chapter analyzes the International Convention including " the ParisConvention ","Anti-Unfair Competition model clauses " and the relevant legislationof United States, Germany. I suggest that China can learn from the Germanlegislation to integrate and merge the existing relevant departments of the law inrelation to the protection of well-known commodity business logo and categoriesthem into "Anti-Unfair Competition Law" according to the applicable conditions, scope of protection and protection method. And adopt the mode of combination ofacts enumerated and general terms listed, in order to achieve equity for well-knowncommodity operators more comprehensive protection purposes.The fourth chapter makes suggestions of how to improve legal protection systemof our well-known commodity business, including the adoption of legislative modelcombining specific provisions and the general terms, elastic interpretation ofwell-known commodity object of protection, improve the scope of counterfeitingprovisions, except provisions and other systems; expansion of the scope ofprotection of well-known product-specific name, packaging or decoration, includingthe expansion of the field from competition to non-competitive field, from theconfusion prohibition extended to fade prevention; complete the remedy measuresof well-known commodity infringement.