“JDB And Wang Lao Ji Analysis Of Advertising Slogan Dispute”Anti Unfair Competition Law

Since 2012 May the Guangzhou Pharmaceutical Holdings Limited to recover the ”Wang Lao Ji” trademark,Wang Lao Ji and JDB war continued to spread,both sides launched trademark war,channel war,formula war,advertising war and the ”red cans” package and decoration of war,attracted the heated discussion.The unfair competition disputes is only concerned with advertising slogan amounted to 10,and most of the current is still pending,such proceedings because of the legal issues involved in more,it caused widespread concern in theoretical circles and practical circles.In June 17,2013,the JDB company and he Mou,Wang Lao Ji company in the case of unfair competition in the Chongqing first intermediate people’s court,after a postponement of the hearing,the court verdict rejected all litigation request JDB company.After the verdict,the JDB company said that he will firmly appeals.In March 13,2014,the Chongqing Municipal Higher People’s Court hearing of the case for the second time,because the more the case involving the controversial points,finally the judge said will be sentenced in the collegiate bench after elective.Thus,we can see that,the legal issues associated with the case are worthy of in-depth analysis and research value in theory and practice.This paper mainly from “the JDB and Wang Lao Ji advertising slogan dispute case” of the core points of controversy, the use of Anti Competition Law perspective on the case involving the legal analysis,the thesis consists of six parts:The first part is the introduction,through the discussion of the legal attribute of the advertising slogan,recognize it is a covered work,trademarks,unfair competition and other fields of miniature “knowledge system”,the legal complexity implied rich,then leads to the analysis of typical cases of the Anti Unfair Competition Law.The second part is “the JDB and Wang Lao Ji advertising slogan dispute case” basic overview,introduces in detail the process of the typical sequence of events and the court hearing of the case.The third part of the parties and the court case in the dispute of well-known commodity specific point,and ownership interests of Wang Lao Ji company involved in the slogan of advertising behavior results are summarized and the interpretation of different views on the three major focus of controversy.The fourth part through the analysis of the core dispute case point of the anti unfair competition law,that don’t agree with the reason of the judgment of the court of first instance,think that the advertisement can’t with the goods on behalf of the separation,and the JDB and the Wang Lao Ji all enjoy the rights and interests for the advertising slogan,and the case can be used the “general clause”,and the Wang Lao Ji company’s behavior dose not constitute unfair competition.The fifth part is the case inspiration, through the focus on the case analysis and recognize that China’s”Anti Unfair Competition Law”in the legislative aspect existence”unfair competition”defined scope is too narrow,the “general clause”of the provisions are too abstract,legal responsibility system logic is not clear problem,proposed should expand the applicable”the scope of the general clause”,and improve the identification of unfair competition behavior,and reconstruct the legal responsibility system of China’s”Anti Unfair competition Law”,in order to provide reference value for solving disputes advertising slogan.The last part is the conclusion,reviews the full text,proposed the hope the revision of China’s”Anti Unfair Competition Law”as soon as possible,and the combination of modifications in the”Advertisement Law”,”Copyright Law”and other relevant laws and regulations,legal attribute and protection strategies to further clarify the advertising slogan,to better maintain the market competition order.