The Disquisition On Legal Protection For Brand

The legal protection for brand is the strongest way for protecting brand. On broad sense, the legal protection for brand contains the protection for intellectual and the protection for substance. On the narrow sense, it only contains the protection for intellectual, namely the commercial mark, viz. the trade mark, enterprise name, geographical indication, domain name in network, symbol of product region, specific mark for famous goods, package, advertising phrase and enterprise symbol etc. The focus in this article is the commercial mark. The disquisition discusses the intension and characteristic about the legal protection for brand, and it also discusses the area and content combining the state of the protection for brand on legislation, administration, justice, agency and so on. At the same time, it analyzes the disfigurements in the system of the legal protection for brand and gives some advice for revising the disfigurements. The whole article contains six chapter:The chapter 1, it defines the brand from two sense, which one is the broad sense, and the other is the narrow sense. Meanwhile, it points out the intension and legal attributes of the brand. It compares and analyze the conception on protection for brand, brand operating, and legal protection for brand. At the last, it describes the fact-- what is the legal protection for the brand.The Chapter 2 gives one answer about this question by enumerating the substance object at the circumstance of international law and national law, namely what should be protected and what action should be forbidden.The chapter3 expatiate on the approach of legal protection for brand. It points out the legislative protection is the necessary term, and the administrative and justice protection is the especial model in China. Besides this, the angency's protection is the complementarity the administrative and justice protection.Chapter 4 discusses the progeny of the legal protection for brand. It mainly discusses the legislation progeny on intellectual property, anti-unfair competition, criminal law, custom, trademark, special acting, justice, the justice measure and the agency.Chapter 5 analyzes the limitation about the system of legal protection for brand in China firstly, Then it give some advice for the revising these limitations. At last, it points out we should strengthen the justice protection and weaken the administrative protection.Chapter6 discourses upon the importance of the legal protection for brand, and tells us what should we do for the legal protection for brand in the future.