On The Improvement Of The Passing Off Of China

The passing off is the weapon to regulate fake behavior.It provides protection to the business' s goodwill,reputation and business logo.It aims to establish a fair and orderly market competition environment and it protects the businessman from the loss caused by fake behavior.The passing off of China is in the "Anti Unfair Competition Law".But the passing off of China don't give accurate and clear definition of fake behavior,and its legislative model don't include all of fake behaviors,and itsrequirements is incomplete,and its remedies for legal provisions can't deter fake behaviors,so it can't regulate the fake behavior effectively and protect the rights and interests of the parties.Therefore,we need to improve the passing off of China.Owing to the subject of minority traditional names and symbols are difficult to define,it is difficult to use the rule of intellectual property rights,such as trademark law,to protect minority traditional names and symbols,then,leads a lot of minority traditional names and symbols have been embezzled and counterfeited.Within the framework of existing legal protection,minority traditional names and symbols need to seek the relief of the passing off.This paper consists of four parts:The first part states that the role of passing off and the definition of minority traditional names and symbols.By the analysis of the characteristics of the minority traditional names and symbols and current trademark law provisions,the author can conclude that minority traditional names and symbols need to be given protect by passing off.The second part analyses the inadequacies of current passing off in China in protecting minority traditional names and symbols.By listing the actual cases and examining the passing off in the advanced foreign countries,I think the current passing off in China needs to be improved.The third part aiming at the inadequacies of China's passing off in the protection of the minority traditional names and symbols,I have put forward to some suggestions to improve the system,and they focus on three aspects which are legislative model,the constitutive elements of counterfeiting and civil liability rules.The last part,I have draw a conclusion and summaries of this article.