The Definition Of Market Confusion By Using Business Logo

"Anti-Unfair Competition Law" enacted more than 20 years of the first revision is in full swing.The revision of the law was accompanied by extensive attention in the field of commercial law and economic law.Article 5 is the use of business Logo to implement the definition of market confusion caused by the discussion.Article 5 of the Anti-Unfair Competition Law(Revised Draft)on the use of commercial identities for the implementation of market confusion,creatively introduced the concept of“Business Logo" and“Market Confusion”.Enumerating four kinds of specific market confusion behaviors.Expanded the scope of the“Business Logo",increased the adaptability of the terms and the practicality of the time.However,there is still a lack of necessary logic between the provisions,the object of the“Business Logo" is open to question,not accurate legal terms,no requirement for reasonable use of exceptions and lack of collateral terms and other issues.Therefore,it is necessary to update the draft and establish a new type of judging system.In response to the issues,specific proposals and reasons for the amendment to Article 5(Revised Draft),using "Anti-unfair Competition Law" legislative purposes as the principle of market confusing behavior regulation,continuing to expand the market confused behavior.Content on the increase in the unregistered trademark,non-business logo,comparative advertising three kinds of confusion,increase the exceptions and open terms of the provisions.From the perfect confession behavior responsibility,the establishment of professional institutions certification system to improve the transparency of market information and establish a sound supervision mechanism and other aspects of the establishment of multi-faceted supporting measures to increase the feasibility of the provisions in the actual implementation.The main innovation is to advocate the combination of subjective and objective as unfair competition behavior criteria,not only rely on“Good Faith",“Business Ethics" and other principles of the provisions,attention to the special status of consumers in the confusion of judgments,the actual loss caused by confusion as a standard,and from the perspective of law and economics to analyze the rationality of confusion,to determine whether it is applicable to the provisions of the regulation.