On The Legal Protection Of The Anti-unfair Competition Law To The Commercial Sign

Any commercial mark that can indicate and distinguish the source of goods or services should be protected by relevant laws,which is both one of the main points of international conventions on intellectual property and a fact proven by judicial practice in various developed countries in the world today.With the continuous development of the economy,the value of commercial marks is not only the indication of the source,but also the economic value attached to them is often much greater than the value of the goods themselves.In addition,in a market economy based on the principle of freedom of competition,the smooth development of the social economy as a whole depends on the orderly and legitimate competition among market players.It has become a consensus that infringement of commercial marks is a violation of both the Trademark Law and the Anti-Unfair Competition Law,and therefore commercial marks need to be protected by law,whether for the purpose of protecting private rights or protecting public interests.In China,special attention has been paid to the protection of trademark-type commercial marks,and a single law,the Trademark Law,has been enacted,while the protection of other types of commercial marks has been incorporated into the scope of the Anti-Unfair Competition Law,and the relevant legal provisions are more general and rough.In reality,there are numerous forms of infringement against commercial marks,and the existing protection model for commercial marks in China is obviously unable to achieve comprehensive protection.Therefore,combining with the actual situation in China,we should learn from the advanced legislative experience of other countries in the world,improve the protection system of commercial marks in China,explore and establish a set of advanced system suitable for China,and finally achieve better adjustment of the conflict between the rights of commercial marks in the market competition.The quality of the competitive market environment determines whether the market is active or not.Both the legislative model of trademark law in the United States and the model of intellectual property code in France or the model of commercial mark law in Germany have significance for the improvement of the commercial mark protection system in China.This article explores the defects and improvement of the protection model of commercial marks from the perspective of China’s anti-unfair competition law.The article starts from the basic concept of commercial marks,analyzes the value of commercial marks to the market as a whole and market participants in the current market economy,and explores the significance of legal protection of commercial marks;secondly,it conducts an empirical analysis of the current situation of commercial marks protection in China,and explores the specific conflicts between the Trademark Law and the Anti-Unfair Competition Law on the protection of commercial marks through a two-by-two comparison of actual cases with different verdict results of the same core dispute.Again,we investigate the reasons for the current mode of commercial mark protection in China,and argue that the participation of the Anti-Unfair Competition Law in the protection of commercial marks is justified,and conclude that the current mode of commercial mark protection in China is characterized by unclear boundaries between the Trademark Law and the Anti-Unfair Competition Law in the application of commercial mark disputes,unreasonable setting of antecedent elements for the protected commercial marks,lack of fair use exclusion clauses,and infringement liability regulation.Finally,by drawing on the merits of the protection models of commercial marks in the United States,France and Germany,we came up with the following suggestions for improving the protection of commercial marks in China’s unfair competition law: on the premise of clarifying the boundaries of the application of the two laws,abolishing the "certain influence" requirement,and improving the protection of commercial marks in China’s unfair competition law."At the same time,in order to prevent the reduction of market vitality caused by the expansion of the scope of protection,the exclusion clause of " fair use "should be added to ensure the protection of unfair competition." In addition,in order to ensure the effectiveness of the law,the consequences of infringement should be enriched,different compensation ranges should be set to apply to different objective situations and compensation methods should be introduced to restore goodwill,such as apology and elimination of influence,etc.In addition,since the infringement of commercial signs has dual attributes,in addition to In addition,because the infringement of commercial marks has dual attributes,it not only infringes on the private rights of the right holder but also causes damage to the order of market competition,so it is also necessary to improve the construction of the supervision and inspection system.