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On The Anti-Unfair Competition Law Regulation Of Commercial Signs

Posted on:2012-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q YuFull Text:PDF
GTID:2216330338471557Subject:Economic Law
Abstract/Summary:PDF Full Text Request
"Apple""SONY""www.baidu.com"such as Commercial Signs, filled with all areas of our lives and affect our daily lives. With a highly developed market-oriented society, the status of Commercial Signs is gradually improving in the market competition. It allows market competitor to position their goods or services, but also allows consumers to purchase satisfactory goods or services, which will keep the steady development of the market economy. But, some businessmen attempt to"get something for nothing", Using the easily imitated of Commercial Signs, the existence of the lack of coordination, lack of uniformity of the commercial laws and regulations related to Commercial Signs against the interests of Commercial Signs. It devaluates the embedded value of Commercial Signs, infringes upon the interests of consumers and undermines the healthy and steady market order. It will require Anti-Unfair Competition Law to protect the interests of Commercial Signs. Our law mainly regulate the Commercial Signs from the positive and negative, Slip Law of Commercial Signs protects the reasonable assess to and use of Commercial Signs from the positive. Anti-Unfair competition law is prohibited and reliefed from the opposite point of view. Slip Law of Commercial Signs exists limitations when regulates the act of tort on new Commercial Signs. The Anti-Unfair Competition Law Regulation of Commercial Signs is reasonable and feasible, which conforms to the spirit of Anti-Unfair Competition Law.China's current Anti-Unfair Competition law draw lessons from the legal provisions and practicel experience of advanced countries and regions, which is based on the development of China's national conditions. In recent years, As the acts which infringe upon the interests of Commercial Signs got more diverse and complex. Anti-Unfair Competition Law cann't reach its appropriate height and breadth of protection. It must improve the law related to the Commercial Signs in order to match with the market development and its international protection.Addition to the introduction and conclusion, the paper is divided into four parts, The first part describes the status of the law regulation of Commercial Signs. Counting the case of 2006-2010 of China IPR Judgments& Decisions, Analyzing the existing kinds of Commercial Signs and the law where the bottleneck lies. The second part demonstrations the validity of the Commercial Signs regulated by the Anti-Unfair Competition Law. Analying the subjective and objective reasons for Commercial Signs unfair competition, the legitimacy of the Commercial Signs regulated by the Anti-Unfair Competition Law. The third part introduces the national anti-unfair competition law and relevant regulations on the protection of Ccommerial Signs, and compare it. The fourth part states how to improve the Anti-Unfair Competition Law provides for Commerial Signs. The major recommendations include: Improve the general provisions of the Anti-Unfair Competition Law, the provisions of Article 2 will be set the general provisions; Enact the standards for identifying right conflict of Commerial Signs, using the "principle of earlier" add "well-known principle " standard; Set exclusion clause; Improve the civil liability, expand methods of bearing civil liability, set the provisions of liquidated damages when confirm the scope of damages etc.
Keywords/Search Tags:Commercial Signs, Anti-Unfair Competition Law, Right Conflict, General Provisions
PDF Full Text Request
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