On The Business Identifier Legal Protection System

Intellectual property system is derived from the west, from since the reform and opening in our country didn’t pay attention to the introduction of relevant laws and research, with the booming of economy, international trade is frequent, of the growing importance of intellectual property, business logo rights as an important part of the intellectual property rights is becoming more and more brought to the attention of the public, business logo is the recognition and the property of the pure attribute, embodies the great value of intangible property, the legal protection for business logo tend to reflect the degree of marketization of a country’s economic development, as well as the legislative level. In our country, the trademark legal protection is particularly seriously, no matter from the laws and regulations, or the corresponding notification and judicial explanation, in all aspects of economic activities have clear rules on trademark, but neglect the other commercial logo appears on the legal protection or blank. Though because of member states of the world trade organization in the field of intellectual property law of the rigid requirements, forced to make some changes to your corresponding trademark law in our country, and formulate the corresponding business logo for other special law protection, but special law protection for corresponding commercial logos are independent and can’t reflect the business logo in between commonness and contact on the nature, function, and because of the policy is different, lead to relevant legal effect level is different, between the law of compatibility is not strong, will produce the contradiction and conflict between rights. How to choose effective can meet the demand of domestic legal protection mode, carding commercial logos, dissolve the contradiction and conflict, improve the legal order, implement the legal fair value, is unavoidable in the process of modification of the trademark law. Business identity legal protection problems at present, the most critical is the law protected mode choice. France’s intellectual property rights law, Russia has been adopted on the basis of the trademark law mode of expansion. Germany is set by the trademark law and other commercial labeling act, the United States is still the model for protection of the trademark law, where legal protection mode in our country, is a simple assembly, the law or system of law compiled, is a special method to solve it by yourself, or to form organic systematic legal protection pattern it will be our focus on the problem.