The Research On Legal Issues Of Co-ownership Commercial Logo

In recent years,intellectual property has become the leading asset of most enterprises.As the value of commercial identification continues to increase,its enormous commercial value has become an operator competing for wealth.The conflict of rights within the commercial logo has become more and more serious and has received increasing attention from all walks of life.Article 6 of the "Anti-Unfair Competition Law of the People’s Republic of China",which was amended and promulgated on November 4,2017,does not have a clear definition of "commercial identity",but instead uses the word "etc." Therefore,it can be stated that the commercial identity is a collective concept of dynamic development.With the development of the times,the connotation of commercial logo will continue to expand.In view of the fact that the commercial logo includes many aspects,there is no precise definition at present.This paper selects the trademarks and commodity decoration that are the most conflicting and most socially concerned in the market economy competition.Nowadays,there are many situations in which commodity decoration rights are shared,and many contradictions and disputes have emerged.At this point,the study of the common commercial identity rights may open up a path to resolve similar market disputes.In China,only the Trademark Law stipulates the common situation of trademarks.The common decoration of goods is in the blank state of law,and there are still big problems in practical operation.Based on this,the author will start with the basic concept of the common right of commercial logo,and then focus on the rationality of the common right of commercial logo and put forward to improve the legal system of the common right of commercial logo in China.It is expected to provide some meaningful references for future legislation and practical disputes in China.The introduction of this paper describes the significance,current situation,methods and technical route of this study.By analyzing the current status of the research on the common right of commercial marks,this paper explains why the research on the common right of commercial marks will help to solve similar disputes.The first chapter is the theoretical research on the concepts of common commercial signs.It mainly includes the concept of common ownership of commercial signs,the relationship with related concepts and the reasons for its emergence.By sorting out the concepts and defining the connotation of the common right of commercial logo,this paper lays a foundation for the following writing.It also hopes to lay a solid foundation for readers through the discussion of the concept of the common right of commercial logo and open adoor to the clear theory of the common right of commercial logo.The second chapter analyzes the legal reality problems and legal defects common to commercial logos.This chapter puts forward the legal reality of the existence of commercial identity,and then analyzes the current legislative situation and judicial status in China.The third chapter discusses the rationality of the common use of commercial signs.The same commercial logo is often the precondition of the conflict of rights,but as a legal phenomenon,its existence has theoretical basis and practical value,and also conforms to the principle of justice,efficiency and balance of interests.It has important value in the current shared economic society.In addition,the acquisition of co-ownership is also based on jurisprudence.The fourth chapter explores the status of legislation and justice in the United States.By analyzing the current situation of legislation in the United States and the jurisprudence in judicial practice,the enlightenment of solving the common problem of commercial identity is obtained.The fifth chapter puts forward the suggestions for perfecting the common business logo of China in view of the actual legal problems shared by China’s commercial logos.Firstly,it is suggested to clarify the basic rights and obligations of the co-owners,and at the same time establish a co-management review system,and finally improve the criteria for the identification of the common conditions of the commercial logo.All in all,with the infiltration of the sharing economy in all walks of life,considering the reality of symbolic resources,combined with the principle of fairness and efficiency,the common phenomenon of commercial identity will become more and more common.We must improve the system of commercial identity,especially the commonality of trademarks and the common decoration of goods.