The Protection Of Trademark Right From The Perspective Of Anti-unfair Competition

Through the discussion about the concept, value and positioning andthe status of legislation of trademark and unfair competition, this paperanalyzes in details about the differences and the relationship between theUnfair Competition Law and the Trademark Law. It comes to theconclusion that the unfair competition behaviors related to the use oftrademark constitutes a violation of both “anti-Unfair Competition Law"and “Trademark Law" Only on the basis of clear understanding about therelationships between the two laws can gain a better perspective ofanti-unfair competition law to grasp and analyze the conducts involvedtrademark infringement. The relatively more typical unfair competitionconducts involved trademark include: unfair competition conducts byutilizing the unregistered trademarks, implied reverse trademarkcounterfeiting, and trademark dilution behaviors. This paper will use theaforesaid three kinds of behaviors as entry point, clarify the elements,classification and hazards of them and then analyzes the limitation andinsufficiency of the regulations of anti-Unfair Competition Law.At the last part, this paper provides legislative proposals from theperspective of anti-unfair competition law. All the improvement should bebased on the rationalization the relationships between these two laws. Then we should introduce the general terms into the law to enhance theflexibility of anti-unfair competition law and introduce the punitivedamages mechanism to form a strong deterrent to the future unfaircompetition behaviors. Also the legislation concerning the impliedreverse trademark counterfeiting and trademark dilution behaviors shouldbe improved urgently.