The Unfair Competitions Study Of Trademarks

As a symbol of commending the products, trademarks have important economical and social values. With the age of intellectual economy approaching, trade marks have become the nucleus of the economy of the capital and customers and the competition related to the possession and usage of trademarks turns to be more and more great. The immaturity in TRADE MARK ACT and ANTI-MONOPOLIZATION ACT is involved with the more serious infringement through all kinds of means of unjust competitions. If those unjust competitions can not be erased properly, the rights of trademarks can not get consummate protection, the commercial competition system based on trademarks will become confusing and retard the development of the national economy. Therefore, in the view of the concept of competitions and unjust competitions, in the basis of the value of trademarks, after analyzing the concrete behaviors of the typical unjust competition of trademarks, the paper makes a thorough and systematic research to the unjust competitions of trademarks and define the characters and scope of the unjust competition of trademarks. At the same time, after studying the legal practices of China, it analyzes the immaturity of the present laws related, put forward some advice of rationalization to provide the theoretical basis and relevant reference for constituting reasonable laws and make the protection system of trademarks perfect and fine development of the competitive order of the market.