On The Research Of Special Signs Protection System

As China's social and economic continue to develop, various types of special signs had gradually stepped into the public's view. As one of the objects of intellectual property protection, special signs with more government wills than other objects of the traditional intellectual property, for that the special signs right contain more meaning of public power than any other traditional types of intellectual property. And in current China, the goods and the services which the signs are present can be trust if they are confirmed by the government and supported by the public power. This enhances the reputation of the companies which use the signs objectively, and make the goods and services of the companies more competitive among all the same types of goods and services. In this case, special signs which use to be used to present public events have been used in the business fields extensively and become the way companies to upgrade the image of their products and services. And I can say special signs have played a more and more important role of our social life. And this is the reason why we should use legal means to regulate the use of special signs, or it could lead to a confused market thus while harm the interests of the special signs owner, it will harm the interests of the public more as well. Referring to the problems of special signs and special signs right protection, I will start with the definition and the description of special signs, then I will find out the differences and same between special signs right and traditional intellectual property through compare special signs and the objects of traditional intellectual property. Then star with the basic description of special signs and compare with the relevant national legal system and judicial practice at the same time, combined with China's national conditions and analysis the advantages and disadvantages of foreign experience to find out legislative routes can be used in China. On the basis of summing up the legislative practice refer to special signs right in China, analysis the defects of China's special signs right system nowadays, combined with the actual needs of China and practice of foreign countries to give suggestions of improving China's special signs rights system, in order to protect special signs rights more comprehensive and better. Thereby, the interests of special signs right owner can be protected by law more effectively, and at the same time balance the interests of public.This article is divided into five parts. The special signs are conceptual introduced in the first part. Through the comparison with features of trademark, the differences and the same between special signs and traditional intellectual property are highlighted. In the process of introduce typical special signs, I write about the foreign protection measures and compare it with the law in China to explain the existing law is lag.The nature of special signs right is written in the second part. And through analysis its legal nature, I will explain the special signs right belongs to the private right, and even more it meet all the features of intellectual property. So it is one type of intellectual property, which should be protected be intellectual property legal system.The method of comparative research is used in the third part. I will list the documents that international organization used and the typical ways other countries used to protect special signs to find out the legal system which is suitable for China to protect special signs right. The method of vertical comparison is used in the fourth part. Start with the method used to protect the special signs right in China historical, found the insufficient part of the special signs right legal system used in China now. At last I try to find a solution to complete the very legal system in this part.And at the fifth part, undertake the above I will start with the necessity of complete China's special signs right legal system, then use the good methods used in foreign countries for reference and combined them with the situation of China to raise system improvement in six sides, wishing this will help to complete the very legal system in China.