Font Size: a A A

On The Anti - Unfair Competition Law To Identify The Legal Regulation Of Sexual Identity

Posted on:2008-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ChenFull Text:PDF
GTID:2206360242972112Subject:Law
Abstract/Summary:PDF Full Text Request
From the dimension of Anti-Unfair Competition Law, this paper, comprehensively using legal literature, analyze the recognition of the identifiable logo and the corresponding legal protection issues, analyze, compare, on the basis of legal principles, domestic legal research, legal provisions and practice with such research, provisions and practice abroad. on protection of identifying logo, point out the shortcomings of China's regulations of counterfeiting commodities on unique names, packaging, decorating of China's well-known commodities, and put forward the views on how to improve China's protection system of identifying logo, with a view to mark the identification of the theoretical research and the protection of the legislative and judicial practice benefits.This paper is divided into three parts, that is, the preamble, the text and conclusions. Preamble introduced the practical significance of the identifying system of counterfeit goods on the unique name, packaging and decorating of well-known commodities, the direct motive to write this paper as well as theoretical value of this paper. Part of the text is divided into three sections. The first section states the legislative status and existing problems of protection of China's well-known commodities, and the different views in theoretical and practical circles, and analyze the pending issues in legislation and practice, mainly from the aspect of legal nature of counterfeit commodities on unique names, packaging and decorating of well-known commodities, form the aspect of the relation with intellectual property law and the constituting elements. The second section respectively introduce the legal status, theoretical research, and legislative practice in developed countries and related international conventions. The third section, by illustrating the relationship between the protection of identifying logo through the Anti -Unfair Competition law and the protection of the same through intellectual property law, stress the legal value of the protection of the same through the Anti-Unfair Competition Law. This section make out my views on the improvement of the relevant provisions of China mainly from point of the protective elements, punitive civil liabilities, legal liabilities and other remedies provided in Anti-Unfair Competition Law on the Protection of identifying logo. Through all the statements in this paper we come to the conclusion: the Anti-Unfair Competition Law's important role in China also did not arouse sufficient attention, what's worse, it is marginalized and excluded, which is unfavorable for our still building of a market economy and innovation policy and therefore we should make good use of extra-territorial anti-unfair competition laws on combination with China's national conditions, and improve our country's protection system of identifying logo.
Keywords/Search Tags:Well-known commodities, Identifying logo, Unfair Competition
PDF Full Text Request
Related items