| Selecting the superior and eliminating the inferior, just realized by competition, are the objective law of the social development. The socialist market economy encourages and protects the normal competition, while it objects and forbids the unjust competitive act. The act of imitation is more than often the observable unjust competition, which poses the fiercest damage to the order of economy. Based on the above mentioned, combining theory and practice, this essay targets the act of imitation and makes a close discussion about it.The whole text proceeds in six parts. Part I centers on the description of the act of imitation, including the concept, specifications, components and the basic rules concerned set by the international convention and the legislation home and abroad. Part II, III, IVdescribe three specific forms of imitation——faking the registered trademarks, imitating theparticular name, package and decoration of the famous merchandise, and intentionally confusing the designations or names of enterprises, and mainly make a research on the judgement of these acts and other related questions. Part V discusses the legal responsibility of imitation, including civil, administrative and criminal responsibilities. Part VI presents some suggestions of how to improve the legal prescription on imitation in China.This article suggests that for defending against the imitation, we should enlarge the scope of legal protection by preserving the unregistered trademark, formulating the particular package and decoration of the famous merchandise against fakement and expanding the usage range of the name, package and decoration of famous goods, as well as concretize the damages arising from the imitation. |
