Famous Commodity And Legal Protection

Name, design, and decoration, external characteristic of commodity, regarded as out wear of commodity, play an important role in reorganization and decoration. Specific name, design and decoration of famous commodity containing reputation of plant, is protected legally.Legislation for famous commondity is provided now in anti-unfair competetion, wich is almost roughly. Disputs ralated to marks of famous commidity rushes and the means of passing off improves, which creates adverse effect on the benifit of vender, comsumer as well as market economy. That indicates that research on famous is valuable on practise.The essay employ various research methods, beginning with theory analysis and companied with concluding and assort; case analysis companied with positivism; comparative studies between German, Korea and Taiwan, addressed on resolution on problems in judicatory and execution through theoretical argument and legislation improvement.This essay contains five chapters, the first one addresses on the general theories such as conception, stander, principle and content of reorganization. The second one is related to the fundamental rights theories, addressing on the construction of special rights and intellectual nature of famous commodity. The third one is addressing on the relationship between trade mark and special rights of famous commodity, focusing on characteristics, discrimination, conflicts, and the dilution principle in special name protection. The forth focuses on the rights of special package and decoration of famous commodity, describing the characteristics of the rights on famous commodity, and the relationship between them. The fifth comments on the legal protection of famous commodity, with a comparison research and the proposal of domestic legislation.The innovation of this essay is bring dilution of famous trade mark into the protection of famous commodity, protecting package and decoration of famous commodity through stereoscopic trademarks, extending the protection by anti-unfair competition act, protecting discriminating marks of famous commodity, using the reference of German legislation which contains general provision and special provision as well as vesting right of discretion to judges.In conclusion, the protection of famous commodity is not only beneficial to vender but also contributive to the resolution of intellectual disputes and a fair and order market.