Legal Protection Of Intellectual Property Rights Of "China Time-Honored Brand"

China has a world-famous ancient civilization.On this sacred land,thousands of industrial and commercial enterprises enjoy a long history.Here,Chinese culture has been handed down from generation to generation,and so does the Chinese time-honored brands.Here,a batch of time-honored brands with considerable economic and cultural values have accumulated through historical precipitation.However,with the rapid development of China's economy,disputes over intellectual property rights concerning China's old brands have become increasingly fierce.There are many kinds of intellectual property rights,such as trademarks,brand names and commodity names,in the old Chinese brands.However,a complete legal protection system for intellectual property rights of the old Chinese brands has not emerged,and the existing legal protection mechanism is not perfect.How to clarify the legal connotation of Chinese old brands and improve the legal protection mechanism of intellectual property rights of Chinese old brands is not only conducive to the development of Chinese old brands,but also of great importance and far-reaching impact to the revitalization of Chinese enterprises.Based on the problems existing in the conflict of rights of Chinese old brands,this paper through comparing the legal systems at home and abroad,puts forward various suggestions to improve the legal protection of intellectual property rights of Chinese old brands on the basis of judicial practice in China.This article is divided into four parts.The first chapter puts forward the problems existing in the clash of rights.Thefirst is that there is no clear legal attribute of the old Chinese brand.At present,there is no accurate expression of the concept of the old Chinese brand.The current law does not set a clear legal nature for the old Chinese brand.The second is that the trademark law does not protect the old Chinese brands in place.In judicature,the conflicts of rights between the old brands are concentrated between the brand and the brand,the brand and the trademark.The main reasons of rights lie in historical,economic and institutional aspects.The absence of protection of Chinese old brands in the Trademark Law is reflected in the absence of incorporating the rights of old brands into the protection of the Trademark Law,the absence of a definition of the prior rights of old brands and the absence of a definition of the old brands that can be identified as well-known trademarks.The third is that the competition law does not adequately protect the old Chinese brands.In trademark infringement cases involving old brands,the cause of the case will also involve anti-unfair competition.As a supplement to the trademark law,the anti-unfair competition law often applies confusion clauses and urban credit clauses.However,the standards in confusion are not determined in the competition law.Moreover,the terms of honesty and credit are very strict in applicability which require further discussion.The second chapter proposes to define the brand identification property of China Time-honored Brand.Firstly,it introduces the international conventions and the main legislative experiences in some foreign countries,and sums up the enlightenment to us,that is,to make it clear that name is one of the objects of intellectual property rights.Secondly,it is suggested that the old Chinese brands should be incorporated into the intellectual property legal protection system,and the legal nature of the old Chinese brands should be clarified,that is,the commercial identity,so as to separate the rights of the old Chinese brands from many vague rights.This paper suggests a definition of the Chinese time-honored brands,that Products,techniques or services,handed down from generation to generation,have enjoying a distinct Chinese traditional cultural background and profound cultural heritage,and a high visibility and good reputation of the commercial logo,are Chinese time-honored brands.The third chapter proposes to strengthen the protection of the Trademark Law ofthe time honored brand.Firstly,it introduces the foreign legislative experience and summarizes the enlightenment to our country,that is,the trademark right and the brand right are closely linked,which can be classified into the protection of the trademark law.It is clear that the brand has the prior rights and the old brand can be protected as well-known trademarks.Secondly,it is suggested to promote the protection of the old Chinese brands in the Trademark Law,including: incorporating the rights of the old Chinese brands into the trademark law and specifying the contents of their rights;establishing a cooperative management mechanism for trademarks and old Chinese brands;not prohibiting others to using the same or similar characters or graphics as trademarks or brand names or their names in the old Chinese brands.He registered the trademark marks,making it clear that the old Chinese brand could be identified as a well-known trademark under tolerant conditions.The fourth chapter proposes to strengthen the protection of China's time-honored brand competition law.Firstly,it introduces the foreign legislative experience,and analyzes the protection of the old brand from the cases of Donnell v.Herring-Hall-Marvin Safe Co.in the United States.On this basis,it summarizes the enlightenment to our country,that is,aside the basic protection by trademark law can be supplemented by it.It is protected by improper competition law.Secondly,it suggests promoting the protection of Anti-unfair Competition Law of old Chinese brands,putting forward confusion theory as the basis of anti-unfair competition law protection,and reasonably explaining the important premise of confusion theory that "has certain influence";when confusion theory is unable,it introduces anti-dilution protection and extends dilution theory to China.In the field of China's old brand cases,the protection framework of anti-dilution is established.Finally,the article discusses how to apply the principle of good faith,the sole clause in the anti-unfair competition law,in practice.