On The Legal Protection Of Right Of Old Firm

China Time-honored Brand, carrying the traditional culture of the Chinese nation, cultural value, historical value and of great value in one of the intangible cultural heritage. With the vigorous development of market economy, brand name, especially the time-honored brand name condensed by more wealth, which makes some undesirable businessman use unfair means for malicious tort, caused some disputes, to old enterprises brought a big loss. Investigate its reason, from the present situation, protection of time-honored brands in our country have not given three-dimensional, leaving many old and famous enterprises are subject to different degrees, different sources of infringement, that the old and famous enterprises to develop and grow to form a great obstacle.For finalists be infringement problems, this paper studies and discusses from the following several parts:The first part studies the brand name, and the right of trade name basic connotation, nature, function and their relationship between each other; The second part of old infringed phenomenon to carry on the refinement, and further analysis the reasons behind; The third part puts forward should draw lessons from other countries and regions of related problems of legal protection, at the same time puts forward reference to the principles of trademark law to establish the old legal protection, how to perfect legal protection system for the construction of the domestic time-honored brand name, including formulating special old laws, perfecting the "trademark law", "anti-unfair competition law","enterprise legal person registration management regulation" and relevant judicial interpretation provisions relating to the time-honored brand name, and also to the time-honored brand name normalized construction work put forward some ideas and reflections, in order to provide more reference for the future legislation.This paper mainly adopts comparative research, empirical analysis, historical analysis and other methods to shop right legal protection system are analyzed and studied. The time-honored brand name right legal protection issue has attracted many attentions of the scholars, the author hope to learn more things from scholars research, more hope to be able to render to the best of his contribute to the shop right protection in China.