The Research On Legal Questions Of Similar Commercial Signs Coexistence

In the meaning of intellectual property law, similar commercial signs are those identical or alike commercial signs which are used on the same or analogous goods or services. At present, the phenomenon of similar commercial signs coexistence is very popular, but until now the attitudes of our country's legislation and judicial practice to this phenomenon aren't very clear. Our theory of invading commercial sign rights in force considers that if commercial signs of different holders are similar will lead to invade somebody's rights of commercial signs certainly, this view brings many disputes among similar commercial signs and destroys the stability of commercial sign rights. In fact, similar commercial signs can coexist legally. Commercial signs are invisible, this character provides possibility for similar commercial signs legitimate coexistence, and principles of prevent confusion and anti-dilute supply criteria to legitimate coexistence. Fair and justice are the core pursuits of modern law, the jurisprudence foundation of similar commercial signs legitimate coexistence is the principle of impartiality and justice. Law provisions and agreements are main basis of similar commercial signs legitimate coexistence. At present, many countries and areas all have established similar commercial signs legitimate coexistence system, we also should supply similar commercial signs coexistence with a legitimate basis. Admitting similar commercial signs legitimate coexistence can prevent market form monopoly, promote market competitions and protect common interests. But at the same time, similar commercial signs coexistence will also brings some questions inevitable, we should adopt positive measures to solute these questions by commercial signs law and law against competition by inappropriate means, anti-monopoly law. In the meaning of commercial signs law, we can stipulate the duty of adding distinctive signs to the relative subjects, grant everyone except owners of commercial signs a right of claiming to cancel one's exclusive right of using a commercial sign, enact the law to regulate behaves of using commercial signs and reinforce supervision, inspection and punishment to these behaves as soon as possible, enact and perfect systems of how to authenticate and protect famous commercial signs; in the meaning of law against competition by inappropriate means and anti-monopoly law, stipulates misfeasors'legal responsibilities and so on are all important measures to regulate these questions.