A Research Into The Act Of Unfair Competition In The Use Of Trademarks And Our Countmeasures

To protect the intellectual property rights is always one of the hot issues discussed in the academic field of law. There is no exception to the trademark right, which is an important part of the intellectual property rights. Under the market economy, trademark has broken through the traditional marking function, which distinguishes the goods or service among the businessmen. Trademark is not only the symbol for quality of goods or service and the reputation of the businessmen, but also the use of trademark is an important device for the market competition. Thus the act of using trademark is of much significance in protecting the interest and the rights of the consumers. It can also be of great importance in maintaining the legal rights of the businessmen, protecting the fair competition and keeping the order of the market competition. It is one of the acts that should be standardized in the law of anti-improper competition. Taking the act of unfair competition in use of trademark as the study object and with the help of the theories of trademark law and those of unfair competition in the anti unfair competition law, this thesis attempts to analyze the act of passing off, the act of disillusion, the act of seeking connections, the act of unfair competition in business advertisement, the act of unfair competition in the related use, the act of unfair competition in parallel import and other acts of unfair competition. Using the research achievements and the legality experiences both at home and abroad, this thesis also tries to find the legislation gaps between China and foreign countries in the aspect of anti unfair competition trademark, so as to provide assistances for building an improved norm system of competition act in using trademark.The act of unfair competition in use of trademark is far from satisfactory if it is only regulated by the trademark law. To be effective, it needs the joint efforts from such legality departments as the anti unfair competition, advertisement law and the criminal law. Meanwhile, in order to standardize the competition act in use of trademark, the trademark law and the anti unfair competition law need further improvement. In light of the current legislation system in China, this thesis puts forward some suggestions on building and improving the legal system of competition act norms in use of trademark.