Research On The Law Protection System For Chinese Traditional Trade Names

Traditional trade name is a peculiar title of China, which refers to a trade name that has a long history and enjoys high reputation in a specified area. The present classified registration system causes that anyone can register the traditional trade names legally in a different administration area or a different business. The leak of the present law system results in the common happen of the conflict of right of traditional trade names, being anticipatory registered or free-rided, which damages the credit of traditional trade names and blocks the smooth development of traditional trade name enterprises.This thesis will take the present legislation in our country and the practical problems of traditional trade names as the research base, comparative analysis as the research method and make an approach on perfecting the law protection system of the traditional trade names. To establish the law protection system has great significance. It's the need of protecting the law rights and interests of the owners of traditional trade names, the need of guaranteeing social competition order and the need of protecting the benefits of our country.The thesis is consist of five chapters. The first chapter is the general description of traditional trade names, which gives a brief introduction to the concept and characteristics of traditional trade names and analyses the relation between traditional trade names and other commercial signs, especially the relation between traditional trade names and famous trade names. The second chapter analyses, from the angle of jurisprudence, the necessity to give law protection to traditional trade names. It confirms that the trade name right of traditional trade names is a part of intellectual property right and analyses that it's necessary to protect traditional trade names, from the point of view of traditional trade names'value, benefit, order and efficiency. The third chapter points out the major forms and the causes of the conflict of right of traditional trade...