Special Advertising Slogan Of The Anti-unfair Competition Law Research

With the rapid development of China’s commodity economy,the competition isincreasingly fierce.Advertising is a favor of businesses man as a special mode of transmissionof information under the background of market economy, has a positive guide on consumer’sattitudes, psychology and behavior.Advertising language is an important carrier andadvertising form, involved in many complex legal issues. With the growing members ofadvertising language triggered legal disputes how to use advertising language correctly in thecommercial competition is becoming more and more important.Recently," Drink wanglaoji,expelling your excessive internal heat." this familiar ad began to enter the judicial referee’svision.December2013, Chongqing First Intermediate People’s Court make a decision on thiscase. The court thinks, WangLaoji as a legal user of "WangLaoji" trademark, has the right touse the special advertisement " Drink wanglaoji, expelling your excessive internal heat." Onthis basis, considering of the application of anti unfair competition laws and the principle ofbenefit considerations, rejected all claims of jdb.At present, the theorists and the practicalrealm focused on intellectual property rights, such as copyright and trademark right. But somespecial advertising language not covered by the intellectual property haven not been protectedwell.Therefore, protection of special advertising language needs a new way.In this case, it’s abreakthrough for the court to consider frome the visual angle of anti unfair competition law，but the concept for the special advertisement definition, anti unfair competition law and theprotection scope, principles and specific path protection is still unclear. Under thisbackground, this thesis will focus on the research about the regulation of special advertisinglanguage in Anti Unfair Competition Law.Except for the preface and the conclusion, this paper including five parts.The first part, lead out the question by the case. This part mainly introduces the processof the case. On the basis, summarizing the controversial focus of the case:"whether the usesof the special advertisement constitute unfair competition".The second part, definite the scope of the protection in the anti unfair competition lawabout the special advertisement. This part mainly analyses from two aspects: firstly, defining the basic concept of special advertisement language, and do some further research on itscharacteristics. Secondly, define the scope of protection for special advertising language in theanti unfair competition law, including the known, identification, value and benefit threeaspects.The third part, focus on the principle of the special advertisement protection in the antiunfair competition law. Including three principles: the first one is the supplementary principle,due to the using right of some special advertising language is not covered by the intellectualproperty rights, therefore need to consider some supplementary principle, in order to getsupplement protected by anti unfair competition law. The second one is the benefit principle;in this case, the court make the decision mainly by the benefit principle. The third one is theprinciple of fairness. Efficiency and fairness is a complementary process, there’s no exceptionon the spirit of the law. Therefore, the process of protecting must adhere to the principle offairness.The fourth part, focus on the protecting way of the existing anti unfair competition lawabout special advertisement. This part will mainly discus from two aspects: the first one is theconfusion action, mainly from the definition of confusion and if confusion exists in the use ofthe accused the special advertisement in this case. The second one is the general clause. Antiunfair competition law as an act law, could play a final protection effect on role to the specialadvertisement.The fifth part，because of the legal hysteresis quality, laws cannot always step with theactual needs of the community, the same to the anti unfair competition law. This paper arguesthat the protection of the Unfair Competition Law for special slogan limitations still exist twoaspects, one is a targeted deletion of specific terms, the second is caused by a general lack offallback provisions weakening, and complete proposal also includes two, first, to provideincreased specific provisions of the Unfair Competition Law to protect special advertisingslogan, the second is to establish an act of unfair competition "general terms" standard, or"fallback provision."The conclusion makes a summary of the text and an analysis conclusion of this generaldescription. We realize that, the law should catch up with the forward step of the Sociology.