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Research On The Protection Of Well-known Trade Names

Posted on:2019-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:T T ChenFull Text:PDF
GTID:2416330566460988Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Well-known trade names are intangible assets of a company.They represent the company's distinctive logo,and because of its well-known nature,it has great commercial value.In the commercial competition,well-known trade names are well-known to consumers and thus stand out in the competition.Not only can they have huge economic benefits,but they also have huge invisible markets.They are more likely to promote their new products and services as companies expand their business maps.On the one hand,the emergence of well-known trade names relies on the company's good business accumulation and unremitting efforts,and its importance has been increasingly valued.On the other hand,cases of infringement and unfair competition arising from the well-known trade names have emerged in an endless stream,which has seriously damaged the legitimate rights and interests of well-known traders.It is necessary to introduce corresponding measures to solve such problems and give rights holders comprehensive system protection.This article conducts research on the protection of well-known trade names,analyzes the status quo and existing problems of the protection of well-known trade names,and draws lessons from foreign legislative experience,and proposes proposals for the protection of well-known trade names against the existing infringement forms and protection models of well-known trade names.In addition to the introduction and conclusion,this paper is divided into five chapters.Part I is the theoretical definition of well-known trade names.The first section defines the rights attributes of well-known trade names by clarifying the relationship between well-known trade names and ordinary trade names,old names,trademarks,and well-known trademarks.And features.The second section introduces the need for the protection of well-known firms and existing theories.Part II is the study of international law for the protection of well-known trade names.In the first section,the introduction of relevant international treaties defines the importance that the international community attaches to the right of trade names and its intellectual property rights.In the second section,through the comparative study,the United States,France,Germany,Japan,and Taiwan in China were introduced to special protection measures for well-known tradenames,which provided references for the protection of well-known trade names in China.The third section introduces the enlightenment of international law analysis to our country,thus providing support for the establishment of the system.Part III introduces the status quo of infringement of well-known trade names.The first section mainly introduces the existing infringement forms of well-known trade names in China,mainly from rights conflicts related to well-known trade names,unfair competition using well-known trade names in the Internet environment,and counterfeiting and counterfeiting of famous firms.On the other hand,it elaborates on the existing infringement of the well-known trade names.The second section analyzes the reasons for the infringement of well-known trade names from the aspects of institutional and economic reasons.Chapter IV introduces the status quo and existing problems of the protection of well-known trade names in China.It also introduces the useful explorations of local laws and regulations for the protection of well-known trade names,and introduces relevant protection models,providing reference for the introduction of national laws and regulations for the protection of well-known trade names.Part VI,based on the analysis and interpretation of the above chapters,puts forward suggestions for the establishment of a system for the protection of well-known trade names in China.Through the three aspects of improving the legal protection system,strengthening market supervision,and improving judicial relief,we will explore ways to protect well-known trade names that are suitable for China.
Keywords/Search Tags:trade names, well-known trade names, legal protection, perfect system
PDF Full Text Request
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