Study On The Trademark Significance Identification Of Intangible Cultural Heritage

In recent years,under the guidance of the banner of a strong cultural power,intangible cultural heritage(hereinafter referred to as intangible cultural heritage)has once again come into people’s vision.At present,it has become an international consensus to protect intangible cultural heritage through legal authority.Looking at the existing various legal norms,the protection object and value goal of the intangible cultural heritage are more consistent,and the trademark right,a new type of intellectual property rights,gradually occupies an important position in the protection of intangible cultural heritage due to its unique advantages of unlimited renewal and low authorization threshold.When registered as a commodity trademark with an intangible cultural heritage name,The intangible cultural heritage has a high visibility,the uncertainty of the right subject,the group,regional and other unique attributes,It often raises disputes over the significance,the core element of the trademark,However,there are no special provisions on special trademarks such as intangible cultural heritage trademarks in relevant legislation,In addition,the current content of trademark significance recognition is too abstract,the judicial standards are not unified,Lead to escalating problems,Judicial pressure is heavy,The parties to the lawsuit are exhausted by excessive costs and long waits for results.The significance of the legal existence is for the national policy,in terms of intangible identification,once the judicial judgment is not have trademark significance,become a common name into the public domain,by any subject for arbitrary use,which obviously with our country "strengthen the traditional advantage of intellectual property protection,expand the depth of excellent traditional knowledge resources protection" strategic deployment parted ways.Under the current severe situation,how to improve the relevant legislation and apply the existing norms of the Trademark Law and the relevant legal principles of the balance under the premise of clarifying the significance of the intangible cultural heritage trademarks,is a difficult problem that must be faced.This paper mainly focuses on the theoretical research and case analysis on the trademark significance of intangible cultural heritage.First of all,the concept of the significance,legitimacy,legislation and justice,Lay the foundation for subsequent case analysis and the causes of the significant identification of intangible cultural heritage trademarks;Then,with two famous cases of "Shandong Lujin" case and "Dezhou braised chicken" case as the entry point,As for the trademark infringement and unfair competition disputes closely related to intangible cultural heritage in Chinese practice,In-depth analysis of the dispute focus and the key points of the judgment,Thus further confirm that "there are some problems in the identification of trademark significance of non-cultural heritage in current judicial practice",And combined with your own learning,Thinking on the verdict of the two cases,Analyze the reasons for the large number of "non-significant" disputes among intangible cultural heritage logo.Finally,on the basis of the above theoretical research and case analysis,aiming at the existing problems of the significance of intangible cultural heritage trademarks,corresponding strategies are put forward from the aspects of the optimization of intangible cultural heritage trademark registration methods,national policies,discretionary norms and legal principles.When registering the significance of the intangible cultural heritage trademark,the significance of the intangible cultural heritage trademark.It is suggested that while encouraging the private groups to register the intangible cultural heritage trademark,more emphasis should be paid to the examination of the individual application for the intangible cultural heritage trademark,and the market use of the logo to avoid frequent trademark disputes in the later period.In addition,under the macro guidance of cultural strategies such as "productive protection" of intangible cultural heritage,many discretionary legal norms in China’s current trademark law are used to make full use of the discretionary space.Under the macro guidance of the principle of interest balance and the principle of good faith,the exception identification rules of universal intangible cultural heritage identification should be prudently applied,so as to fully protect the market value of the intangible cultural heritage.