Comparative Study On Chinese And United States' Legislation Of Commercial Signs

Commercial signs, include trade mark, trade name, domain name and so on, become more and more important in the market competition in pace with the commercial affairs of enterprises become more and more frequently in recent years. But the conflict of right between the commercial signs also become more and more severely and all social circles paid attention to it.Study the advanced experiences of developed countries is one of the important approach to improve the Chinese legislative level of commercial signs, to protect the economic value of commercial signs and prevent the conflict of rights. This article use United State legislative experiences as the comparative study object intend to learn from it to improve our level.This article divides into four chapters. The first chapter introduced the concept of commercial signs and conflict of rights. The components of rights conflict also involve in this chapter to act the theoretic bedding of the whole article. The second chapter studied and analyzed the United States commercial signs legislation. The first step is brief introduction of the general picture of United States legislation. The next step is the analysis of several common conflicts of commercial signs and the solution in legislation and case judgment. The last step is introduction of law principle in detail. The third chapter introduced and analyzed of Chinese legislative situation, include general picture and the solution of common conflicts of commercial signs, so the reader would have a deeply understanding of Chinese legislation and have an intuitive comparison with the United States. The forth chapter analyzed the law principle of Chinese commercial signs legislation. So the reader can understand the lack of relational law principle bring about the negative influence. At the last, writer brought forward suggestions about law principle which can be used in future legislation.This article centered conflict of commercial signs and its solution, compared the law frame of the USA and PRC, analyzed the model of commercial signs protection in this two countries. This article emphasized the relational law principle of USA and PRC, and hoped to provide reference for the future legislation of PRC. The writer based on the current situation of PRC, and brought forward suggestions about consummating the commercial signs protection frame, and make further thinking for final solution of the commercial signs conflict and protect the legal rights and interests of commercial signs owner better.