| Referring to the confusion in the market,we tend to think of the behavior in marketeconomic activities, as early as confused uncommon forward.Unscrupulous operators areusually through the way which is named "free-rider"or "sugar daddy" to take advantage of thegoodwill of others to sell their goods seek improper profits. But, since the beginning of the21st century, with the continuous development of market economy, reverse confuse this newact of unfair competition to the emergence of are more and more in the range of our vision.This new act of unfair competition confused are different in many ways, with the forward weknown. In the reverse confusion, infringement infringers are often ostentatious, reputablecompanies, and whether it is in the infringer economic strength or popularity infringer can notcompeted. In addition, the reverse confusion that standard, legal supervision, accountability,also has distinct specificity. In order to adapt to the needs of the development of marketeconomy, safeguarding the legitimate rights and interests of the operators, especially the SMEoperators, providing a favorable legal environment for the development and growth of SMEsin China, it is necessary to reverse confuse the acts of unfair competition.This paper conducted a preliminary study on reverse confusion, the acts of unfaircompetition, excepting the preamble and epilogue, the text is divided into four chapters.The introduction section firstly described recent years about the reverse confusion case"Zhang Chunlong v. the Beijing UniStrong Technology Co., Ltd. infringement of trademarkrights dispute" and the "Blue Storm trademark infringement case"．Then we Maded apresentation of the research results at home and abroad involving reverse confusion, andcleared the meaning of the writing of this article.The first chapter, we summed up the basis of academics and practitioners,on the basis ofacademics and practitioners expert researching, and preliminary introduced the reverseconfusion, at the same time, we cleared that reverse confusion is uniqueness. And analysis theneed to regulate it from the view of the Anti-Unfair Competition Law.The second chapter, we described the status quo and lack of reverse confusion regulationof our existing laws. We found that Acts of reverse confusion are not clearly defined,inChina’s Trademark Law and Anti-Unfair Competition Law. Therefore, it leading to theexisting referees cases had a lot of controversy. Addition, there are some obviousdisadvantages in the reverse confusion finds, related accountability, legal and regulatory. The third chapter,we focused on the experience of some Western countries, regulation ofreverse confusion behavior. And its corresponding Review.At the end of this article, we roposed some peoposals to regulated reverse confusion therecommendations of the acts of unfair competition. Including that, firstly, made reverseconfusion into the Anti-Unfair Competition Law; secondly, explicitly reverse confusionidentified; thirdly, improve the general terms and conditions; forthly, improve accountability;lastly, strengthen The legal regulatory as well as improve other sectors law aspects. |
