The Infringement Of Enterprise Name

Once a consumer wanted to bye a"SUPOR"electric pressure cooking saucepan, but he bought one named Hong Kong"SUPOR"at last; as he thought Hong Kong"SUPOR"maybe is a branch of"SUPOR". This thought has little resemblance to the facts. What he bought isn't a better good of a famous brand; on the contrary, it's a fake. Today we are all familiar with the idea of free-ride, as well as in danger of be cheated. Dirty pools become more and more abominable.The bad businessman focuses on the method of invading another person's rights with enterprise name to seize commercial opportunity.I try to discuss the Implication and Values of the enterprise name. I find the bad businessman invading another person's rights with enterprise name to reap without sowing, because the enterprise name and other commercial signs have huge economic value, following with the tort of enterprise name. The tort of enterprise name (or named conflict between the trademark right and other commercial sign rights) is one of the most special things among the conflicts of the intellectual property. It transgresses the moral rules of the good faith and business ethics. It interferes with the legal rights of others when using own property. It is interdicted by law. Because these conflicts become more serious every day, the responsible departments of the government as well as the judicial authority pay close attention to them.As other countries, our country has been made special provisions on this subject. I start my topic from the heuristic procedure of our law, and analysis concrete regulations in existing law, the essential elements, remedy systems, responsibilities of the tort of enterprise name. I also put forward some problems on it, such as little consciousness on the tort of enterprise name, the shortage of Remedy System, the out-dated management styles and so on. To the problems above, I make suggestions blow, and hope my proposals will be useful.