Research On Protection Of Trademark Rights And Interests In Unfair Competition Law

Trademark rights and interests have the natural attributes of private rights and the public attributes of competition policy.With the expansion of the protection of trademark rights and interests by unfair competition law,in theory,the public nature of the competition policy of trademark rights and interests should be manifested.On the contrary,the expansion of the protection of the unfair competition law has strengthened the private rights of trademark rights and interest,and the public policy attributes have been seriously ignored.In judicial practice,the protection of trademark rights and interests by unfair competition law has Over-strengthening the private rights,abusing the general provisions of the Anti-Unfair Competition Law,the protection of trademark rights and interests lacks clear application rules and other issues.The living space of the trademark rights and interests competition function is severely squeezed,and the inherent structure is affected of unfair competition law protect trademark rights and interests.The reason is that China’s theoretical circles are not clear about the attributes of trademark rights and interest,there is a debate about the relationship between trademark law and unfair competition law and institutional omissions at the legislative level.There are institutional loopholes in the legislation.The dual attribute of trademark rights and interest are rooted in the state in which the protection of trademarks at the source has been paralleled by the dual functions of government supervision.Due to political,economic,cultural and other social factors,Different interests defined by the dual attributes of trademark rights and interests are not always in a state of balance In general,the identification of the dual attributes of trademark rights and interests is difficult to break away from the balance and coordination between the private interests in the competitive environment and the public interests that promote competition.Delineating the boundary between private rights protection and free competition and balancing the protection between private rights and the overall competitive interests have become a new trend in the protection of modern trademark rights and interests.In the protection of trademark rights and interests of unfair competition law,adhere to the dual attributes of trademark rights and interests,clarify the specific applicable rules of the unfair competition law on registered trademarks and unregistered,clarify the specific rules of the general provisions of the Unfair Competition Law,and prohibit the abuse of the general provisions of the Unfair Competition Law.It is an effective way to balance the private interests of trademark rights and the public interest of promoting competition.