| With the speeding up of economic integration, the exhibition industry with its hugeeconomic tension and significant influence, has become the new engine of China’s economicdevelopment. Especially since the12th five-year plan, the rapid development of China’sexhibition industry, both in stimulating economic growth, or in increasing employment,enhance the urban influence, have made remarkable achievements, to build an upgradedversion of the Chinese economy has played a powerful role.However, behind the scores stillexists many problems, especially the issue of intellectual property infringement in exhibitionsymbol, along with economic development and the importance of intellectual property rights,this issue is showing a serious situation increasingly, seriously hindered the healthydevelopment of China’s exhibition industry, greatly damage the good image of our country inthe world. Currently, the study of IPR protection of exhibition symbol is still relatively rare,but practice need theory to guide, therefore, to strengthen the study of this subject has becomethe proper meaning.On the basis of grasping the theory of IPR protection of exhibition symbol anddocuments both at home and abroad, this paper through the integrated use of literatureresearch, investigation, study and comparative analysis, the subject of a more in-depthresearch in the following four aspects.First of all, to define the concept of exhibition symbol. This paper hold the exhibitionsymbol is a mark with identifiable property,which is to point to by words, letters, numbers,graphic, three-dimensional signs, color combinations and sound, etc., and the combination ofthe above factors, can effectively distinguish this exhibition and that exhibition, mainlyincluding exhibition name and its abbreviation, keywords, slogans, emblem, flag and anthem,mascots and domain, etc.Secondly, considering the limitations of the method of single-dimensional analysis, thispaper based on the reality of our country, by expanding the multi-dimensional analysis, wefound the IPR protection of exhibition symbol in our country exists the shortage of fouraspects:(1) the legislative protection, lack of relevant legislative provisions, no laws;(2)administrative protection, do not have a unified management institutions, fragmented;(3) judicial protection, complicated procedures, lengthy time, ineffective;(4) industry protection,national exhibition industry association is missing, self-discipline is not strong.Again, to seek useful experience, we look abroad, systematically introduces the specificpractices of Germany, the United States and Japan in the aspect of IPR protection ofexhibition symbol, thought the legislative mode for the protection of intellectual property ofexhibition symbol mainly has two kinds: general legislative mode and specialized legislativemodel.Finally, based on our current reality, by drawing on the useful experience of foreigncountries, we put forward legislative model of exhibition symbol of IPR protection andspecific improvement suggestion. On the legislative model, this paper advocates a long-termperspective should be taken to develop commercial mark method of the general legislativemode, but at this stage, the special legislative mode is more suitable.In terms of specificsuggestions, we put forward a four-point proposal:(1) In the aspect of legislative protection,revise “Special Mark Protection Ordinance†to ensure the protection of IPR laws to showidentification.(2) In the aspect of administrative protection, establish a unified administrativedominant protection agency, strengthen supervision and propaganda.(3) In the aspect ofjudicial protection, change the traditional judicial ideas, improve the system of per-litigationtemporary injunction, and timely release of typical cases.(4) In the protection of the industry,establish a national system of Exhibition Industry Association, and take measures to promoteits functional role. |
