Study On The Legal Protection For The Name Of Colleges And Universities

At present, China’s economic structural adjustment and industrial technology upgrade has entered a critical stage. In this situation, how to improve the social capability of independent innovation, how to let the intellectual property rights system play an important part in ensuring and incenting innovation, and how to enhance the social consciousness of intellectual property protection, is that the society of our country is currently facing a significant, far-reaching realistic problems. Colleges and universities as important members of society, of course, is no exception, also faced with this problem. Especially as we know, the name of the colleges and universities is their’brand’to exchanges with other social subjects and to promote themselves. In the month after month and year after year of development, the name of the university has become an invaluable asset in Colleges and universities. However, many outlaws in the community, under the premise of posing as a university name, illegally pursue their interests. Since like this, regardless of the legitimate rights and interests of the colleges and universities or the public interests are suffered losses. In view of this, the name protection of colleges and universities has not hesitated and action must be taken as soon as possible. Consciousness of the domestic colleges and universities to protect their names has started to wake up, but there are still a lot of problems. How to protect the name is still in the exploring stage. In our country, the main point of view of academia has two kinds: the protection of right of University’s name to the trademark protection. The viewpoint of the article is:from the perspective of intellectual property rights, comprehensive protection for names of colleges and universities is given from two aspects of the name rights and trademark rights. This paper is divided into three parts on the legal protect of the name of colleges and universities. The introduction part is mainly about research background and research content, structure and purpose of the legal protection for the name of colleges and universities.In the body part, firstly from the concept and nature of name and name right of colleges and universities, as well as intrinsic value and characteristics of colleges and universities’name, the legal protection of the name of the colleges and universities is systematically expounded. And the further analysis is the protection present situation of Chinese college names; then foreign universities name protection mode is introduced, the experience is summarized; finally some suggestions are put forward on the construction of China’s College of law protection system, mainly use the name rights and trademark rights to protect the name of colleges and universities doublely and superimposedly, including the use of the trademark protection. It is from the collective trademark, united trademark, the famous trademark and defense trademark for domestic universities to protect its name some suggestions are put forward. So as to some help is provided to be able to better protection and utilization of its name for the vast number of domestic colleges and universities.The conclusion part is the.final summary. It points out that establishing and perfecting the system of the intellectual property protection of the names of colleges and universities is not a short duration of time. And it requires more effort, only in this way, establishing the system of the intellectual property rights of the names of colleges and universities protection system can be realized. At last, the article still has a lot of imperfect place, hoping that improvement can be made in the follow-up study.