| The Papers is used a case of Mongolian Cow "Sour Yogurt" as the paper's opening , using The Anti-Unfair Competition Law as Perspective, dividing the papers into three parts to discuss the Unregistered trademark violations in the applicable law by using the methods of Empirical analysis, which make the Unregistered trademark violations will to be further improved in current laws. Full text is three parts, content abstracts mark as follows:In The Part I, it extended out the legal thoughts of Unregistered trademark violations by introducting a case of Mongolian Cow "Sour Yogurt". in "Mongolian Cow Dairy Company suit Dong Jian Jun and Henan Anyang Snow White Dairy Industry Co., Ltd", in the first instance Hu He Hao Te City Intermediate People's Court in accordance with the article 14 of the well-known trademark of indentified that unregistered trademarksSour Yogurt" as the well-known trademarks that used by the Mongolian Cow Dairy company, and ultimately make judgement of stopping infringement immediately of Mongolian Cow Dairy Company trademark's "Sour Yogurt" and any unfair competition. The defendant refused to accept the judgement of first instance, appeal to the Higher People's Court of Inner Mongolia, Inner Mongolia Higher People's Court made a ruling of first instance verdict. This is the first non-registration of a well-known trademarks in our courty through civil procedures. In this case, the court is consider unregistered "Sour Yogurt" as the well-known trademarks, which make the final judgement of the won for Mengniu Dairy company.The author thinks, from the perspective of justice, this verdict is clearly correct, but in the application of law is a question. If directly according the article 5, paragraph 2 of finds defendant taking market confusion actions by" use well-known commodity's specific names, packaging, decorating in Unauthorized, or use similar well-known commodities's name, packaging and decorating, confused with others well-known commodity, which making purchaser believe that it is well-known commodity by mistakenly", and caused economic losses To the plaintiff, which is a serious unfair competition, which more appropriate.This case triggered The author's thinking of unregistered trademark protection and Regulation. From the protection of the socialist market economic's development, and encourage and protect fair competition, and suppression of unfair competition, protection legitimate rights and interests of operators and the consumers, the protection and regulation of ordinary unregistered trademark should be included in the .In the second part, the author summed the legislation of unregistered trademarks's conservation and regulation in China. To sum up, the protection of unregistered trademarks and the regulatory of infringement is far from satisfactory. The and have better protection of registered trade mark and have detail regulation system of registered trade mark's infringement. But for the unregistered trademark is not referred, especially for unregistered ordinarily trademark. Therefore, to maintain the market order, and protection the legitimate interests of unregistered trademark, to development and improve regulations and norms of protection unregistered trademarks, which is extremely important of theoretical and practical value."In the third part , it expound how to improve the《Anti-Unfair Competition Law》and make some relevant amendments about Regulating unregistered trademark through Referencing foreign two laws's legislative practice unregistered trademark.Anglo-American law system mainly regulat unregistered trademarks violations through the common law of Action for passing. And several civil law countries, such as France, Germany, Japan, regulate mainly on the unregistered trademark violations through , < Anti-Unfair Competition Law>. Through inspecting of Two laws on unregistered trademarks violations that we can regulatbe unregistered trademark protection and infringement by varieties way. However, in light of China's practice of the legislation and law enforcement, we believes that it is more in line with China's national conditions to use to regulat unregistered trademark violations.In this paper, using "On law regulations of unregistered trademarks violations" as the title, from a legal perspective, the author analysislegal theoretical system of Constitutive Elements and regulation of unregistered trademarks depthly. On this basis, for the problems that arose in practice and the legislative status, the author put forward suggestions of improvememt the chain's < Anti-Unfair Competition Law>... |
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