The Intellectual Property Protection Of Time-honored Brand

Time-honored brand is the particular title in Chinese business, which reflects the best of all ethnic groups 'traditional business culture, which is the precipitation. And accumulated of the history of Chinese culture for hundreds of years. According to the Ministry of Commerce in 2006 "Chinese time-honored brand" recognized norms (Trial):China Time-honored Brand refers to the good prestige brand,which have long history, and its skills, products, service came down generation by generation, distinctive Chinese traditional cultural background and profound culture, society, forming. It had been recognized widely by people. With the development of economy, the appeal of brand especially the time-honored brand has been rising continuously, property interest of the time-honored brand revealed continually.Due to the current legal system is not perfect, the brand has not yet definite legal status legal attribute and legal status, the current legal system has not provide a complete legal protection system to Time-honored brand, there are a number of rights conflict of Time-honored brand,and infringement behavior to Time-honored brand can not been solved effectively. This makes adverse effects on the prestige of Time-honored brand seriously, and hindered the healthy development of the enterprise.The intellectual property protection is important for Time-honored brand; it is the protection of parties'lawful rights and interests. It is an important task which affects the country realizes the brand strategy and the independent innovation. Also is good for enhancing the competitiveness of national brand and propagating Chinese traditional culture. Stared from the present situation that the relevant legislation of rights conflict of Time-honored brand, the Time-honored brand always is anticipated registered, Based on the research method--comparative analysis, this paper had did preliminary study for perfecting the protection system of intellectual property rights. This paper will be divided into four chapters on intellectual property protection of Time-honored brand. The first chapter firstly setouts the concept and characteristic "Time-honored brand" briefly, then analyzes relation the Time-honored brand with other commercial marks, after the analysis of legal attribute,, This paper will confirm intellectual property rights attribute of Time-honored brand, and analysis the importance of intellectual property protection of Time-honored brand from the angle of economic, social, and cultural. The second chapter analyses the legal protection of Time-honored brand, pointed out the right forms of Time-honored brand and the causes of conflict. The second chapter analyses the legal protection of traditional name of a shop, pointed out the old right of traditional forms and the causes of conflict. From the angle of comparison, the third chapter compared the international conventions and typical countries' legislation mode, base on this, this paper analysis the advanced experience in legislation. on the basis of comparative analysis,exploring and thinking improve the intellectual property protection system of time-honored brand, standing for binging the brand right into intellectual property system, and structure the intellectual property protection system of Time-honored brand from the trademark, patent, copyright law and the anti-unfair competition law, to provide more scientific reference opinions to decision maker, finally can promote the intellectual property protection of Time-honored brand with theoretical more complete support and theoretical basis.