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The Study Of The Time-honored Brand’s Legal Protection

Posted on:2016-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2296330503976807Subject:Law
Abstract/Summary:PDF Full Text Request
China’s long history has given birth to many time-honored brand with unique features, renowned both at home and abroad. The time-honored brand is not only with long history, but also represent trust and habits. They are also the guarantee of quality and stick to the tradition. So they can last for a long time. The traditional flavor of the time-honored brand stays in many people’s mind. The time-honored brand has its unique charming and cultural value.However, with the development of the market economy, the time-honored brand has faced a series of challenges. The historical and cultural burden, the economic and social changes and the limit of the legal system has limited the development of the time-honored brand. All these factors lead to the violations of the time-honored brand’s legitimate rights happens frequently at home and abroad. The status quo of the time-honored brand is worrying.This paper mainly focuses on the shortage and improvement of the time-honored brand’s legal protection. This paper analyses the shortage of the current time-honored brand’s legal protection by comparing the legal system of the domestic and foreign countries, from the legislative, administrative, judicial level respectively. In China, we don’t have the special law to protect the time-honored brand and the brand right. In the administrative aspect, there are many defects in the existing name registration system. The government also doesn’t give strong support to the time-honored brand. There are many shortcomings in the judicial aspect. All these hinder the healthy development of the time-honored brand.This paper also gives the proposal from the legislative, administrative, judicial level respectively, to improve the time-honored brand’s legal protection. The legislative organization should promulgate a special law to protect the time-honored brand and regulate the time-honored brand right. In the administrative aspect, the government should establish a specialized management agency to protect the time-honored brand and give its policy support to the development of the time-honored brand. At the same time, the judicial branch should protect the time-honored brand’s legitimate rights in judicial practice. The improvement of the legal protection of the time-honored brand’s has its important meanings, which can not only protect the legitimate rights of the time-honored brand, but also can guarantee the order of the China’s socialist market economy.
Keywords/Search Tags:Time-honored brand, legal protection, the brand right, government policy
PDF Full Text Request
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