On The Protection Of The Name In Chinese Universities

In recent years, some organizations and individuals have infringed and embezzled the name of higher educational institutions to engage in commercial activities, causing the right of such institutions' name to exert serious infringement and these institutions' intangible assets suffer a huge loss. With the coming of knowledge-based economy, the higher educational institutions have come to join in the social economy activities, so the possibility of their name as the object of intellectual property rights has become prominent. Under the situation that infringement is increasingly serious, how to effectively protect the right of higher educational institutions' name has become common issue of each higher educational institution.The thesis, with about 20,000 words, is divided into three parts: introduction, body and conclusion.In the introduction, questions are raised. It is pointed that a common phenomenon for the infringement of higher educational institutions' name has existed at present through typical cases, and a further analysis is given to severe situation faced by the higher educational institutions in China. Although some of them have adopted corresponding protective measures, sufficient realization is still lacked for parts of them. When their rights and interests suffer violation, they begin to deal with it in a hurry. Some institutions are fortunate to save from damage, while more of them undergo an irreversible loss.In the first part of the body, the basic issues of protection for higher educational institutions' name are analyzed systematically: give an analysis to such institution's meaning, character and features in five aspects; parse the causes of infringing higher educational institutions' name in such five aspects as interest drive, trade mark register system, social character and orientation of such institutions, self-management of them and protection barrier caused by adopting abbreviation.In the second part, the present protective ways by law are discussed, mainly focusing on the Civil Law, Education Law and Anti-Unfair Competition Law. And that these laws fall short in protecting the higher educational institutions' name is further analyzed. Subsequently, taking Harvard mode as an example, foreign protective system for higher educational institutions' name and their good experience learned by China are introduced.In the third part, solutions for these issues are focused. Based on the preceding two parts, four optional approaches about protection for the higher educational institutions' name are put forward. They are improvement on legislative protection, reinforcement on protection for laws enforcement, enhancement on protection from the related social organizations and establishment on the inner protection system of higher educational institutions. Then, problems, during the process of protection to the trade mark of these institutions' name, and protective measures, under the reference of famous trade mark are mainly discussed. Based on the famous trade mark system, the feasibility and necessity are analyzed to protect the higher educational institutions' name under the reference of the well-known trade mark protection. Thereby, through the famous trade mark protection, protection system for the name of the higher educational institutions in China is attempted to establish.In the conclusion, the necessity and importance of protection to the name of the higher educational institutions in China are acknowledged from the aspect of establishing a harmonious campus, thus to appeal the higher educational institutions in China should place much importance on protecting their name against infringement.