The Anti-Unfair Competition Protection Of Commodity Marks With Certain Influence

The commodity marks protected by the Anti-Unfair Competition Law includes the name,packaging and decoration of the commodity with certain influence.These commodity marks are similar to trademarks in marketing,and they can also identify sources,carry goodwill,recognize product quality,and advertise.The commodity marks with certain influence have a competitive advantage for the market entities,which can make their commodities,stand out among many similar commodities in the market.However,there are many"free riders"in the market,which attempt to disrupt consumers’choices and judgments to obtain illegitimate interests by imitating commodity marks that have certain influence.This is not only an infringement of the legitimate rights and interests of the operators who enjoy the identification of the goods,but also a violation of the market competition order and consumer rights.On January 1~st 2018,the new Anti-Unfair Competition Law was officially implemented.The following changes were made to the“the commodity marks with certain influence”clause:the deletion of“well-known goods”and“distinctiveness”elements was changed to“have certain influence”;the original provisions on the exhaustion of commodity marks were changed to open regulations,and the scope of“confusion”was expanded.Although this amendment has corrected some problems in the application of the old law system,it still needs some clarifications.On the basis of summarizing the collected cases and scholars’viewpoints,this paper clarifies the legal attributes of“the commodity marks with certain influence”,puts forward the problems and disputes in the application,and come up with my own views and suggestions.This paper mainly adopts methods of literature analysis,case study and comparative research to write.The full text is divided into three parts:introduction,body and conclusion.The main body is divided into three chapters.The first chapter is to sort out the status quo and problems of protection of commodity marks with certain influence.There are three sections under it.Firstly,the author discusses the function and legal orientation of the commodity identification that has certain influence.Then,from the perspectives of legislation,administration and justice,it analyzes the protection of the commodity identification that has certain influence in China.Finally,from the cases and literatures,the problems and controversies in the current protection system are extracted.The second chapter is to analyze the protection requirements of commodity marks with certain influence.In the beginning of this chapter,the author discusses the relationship between the protection of competition law and the protection of trademark law on this issue,and clarifies the differences and the harmonization between the two.Subsequently,the protection requirements and standards for the commodity marks with certain influence are discussed one by one:have certain influence,subjective intentions of the actors,and the possibility of confusion.The third chapter is proposal for the protection of commodity marks with certain influence.The author divides it into two categories.One is the suggestion for the identification of counterfeiting behavior,mainly from the judgment of“have certain influence”in the unified system,the adoption of similarity judgment+the confusion possibility determination two-step method,and the expansion of the applicable consumer survey system.The other three aspects are general requirements for perfect protection,which are:the coordination and cooperation of judicial and administrative protection should be strengthened,the right of consumers to appeal should be increased,and the transition period of commodity marks with certain influence to exit the market should be set.