The Anti-unfair Competition Protection Of Particular Business Mark Of Well-known Commodity

The particular trade names, packages and decorations of the well-known commodity, which can be treated as the business identifiers, play an significant role in reorganization and decoration. Enterprises can identify the source of different brands and services, meanwhile, show themselves. Therefore, in the market competitions, disputes concerning business identifiers of well-known merchandise come out one after another. What`s more, the method of passing off improves a lot, which is so harmful to the benefit of those consumers and competitors. All of these indicate that the research on the particular trade names, packages and decorations of the well-known commodity is valuable on theory and practice.In our country, the particular trade names, packages and decorations of the well-known commodity are protected under the regulation in the paragraph 2, article 5(hereunder Article 5) of PRC Anti Unfair Competition Law. However, in the judicial practice, the paragraph 2, article 5 still expose lots of problems. To take these into consideration, this paper tries to arrange the legal protective system of famous merchandise, and use the relative legislative spirits and principles in other countries as a source of reference so as to propose kinds of reasonable recommendations to improve our legislation on the protection of the particular trade names, packages and decorations of the well-known commodity.This paper has four parts except the Introduction and Conclusion.The first part is mainly about the conceptions and functions of the particular trade names, packages and decorations of the well-known commodity, and why we should protect them from the practical angel. The second part is the key note of this paper, which analyze in which conditions the conceptions and functions of the particular trade names, packages and decorations of the well-known commodity will be protected by the law at large. And then, the following part, introduces the theoretical research, legislative status and judicial practice in related international conventions and other developed countries. The last section, proposes kinds of reasonable recommendations to improve our legislation on the protection of the particular trade names, packages and decorations of the well-known commodity.In brief, through all the statements in this paper we come to the conclusion: the history of socialist market economy in China is not long enough, so that we have a limited understanding to the particular trade names, packages and decorations of the well-known commodity and therefore we should use the relative legislative spirits and principles in other countries as a source of reference so as to propose kinds of reasonable recommendations to improve our legislation on the protection of it.