Research On China’s Time-honored Brand Management And Legal Protection

With the development of market economy, the value of time-honored brand in enterprises has received more and more attention in our country. On the contrary, its plight is not optimistic. The enterprises have developed difficultly within numerous internal and external problems. Internally, business idea is too old, and management mechanism is not perfect. Externally, time-honored brand has frequently suffered abusive registration at home and abroad, but we are unable to protect our rights. This paper puts forward the personal view that it is imperative to protect time-honored brand, and comprehensive reform of enterprise management must be carried out. This paper puts forward personal advice for the perfection of the legal system of the right of trade name as to protect time-honored brand enterprises. It mainly uses the method of logic analysis and comparative analysisThis paper is divided into three parts, including the preface, the text and the epilogue. The preface briefly introduces the present situation of the time-honored brand enterprises and my research direction. The text is divided into four parts altogether:The first part briefly introduces the time-honored brand enterprise and analyzes its value. Time-honored brand enterprise has a long history, and the key to sustain for hundreds of years lies in its product quality, operating with the credibility. From the legal perspective, reputation accumulated by lasting business shall be protected by the right of trade, enterprise core technology shall be protected as a trade secret; in terms of culture, the meaning of time-honored brand and business norms have already been shaped as cultural landscapes; from the historical perspective, time-honored brand has historical research value as its continuance of traditional craftsmanship.The second part analyzes the current situation and the reason of management of time-honored brand. According to a survey of time-honored brand enterprise by the ministry of commerce, only ten percent of these enterprises are in a good survival condition, and the rest is struggling for survival or on the verge of bankruptcy. Another prominent problem is that time-honored brand has frequently suffered abusive registration at home and abroad but little protection has been taken. The outdated management conception, and the lack of effective guidance of the relevant departments, the missing of legal rights protection lead to the present situation.The third part discusses the status and the significance for our country of international name right protection. Both the international convention and the legislation of other countries and areas admit the name right of time-honored brand, and have a different arrangement from trademark in the system. This reflects respect for the habit of traditional commercial transactions. It is reasonable to draw lessons from foreign legislative experience as now the system in our country is blank.The fourth part puts forward some advices for the development of time-honored brand in our country. With the analysis of reason for its limitation, this part puts forward relevant suggestions. In the legal system, creating name right system as to provide legal basis for its protection; in the related department management, strengthening guidance and policy support, in the enterprise itself, changing management idea, and improving its legal awareness and ability.The epilogue summarizes the view of this paper, emphasizes the importance of the preservation of, time-honored brand, and looks into the future of the development of time-honored brand enterprises.