The Anti-unfair Competition Protection Of Marks Of Well-known Commodity

Marks of well-known commodity have been protected by Anti-unfair Competition Law since 1993. During 11 years, Anti-unfair Competition Law has not been amended while judicial protection of Marks of well-known commodity has been changed rapidly. As the provision of Marks of well-known commodity is indefinite, two regulations have been established. The paper analyzes 71 cases involved in marks of well-known commodity in order to point out the questions of protection of marks of well-known commodity. To solve the questions, we propose kinds of reasonable recommendations to improve legislation on the protection of marks of well-known commodity.The paper is divided into three parts:The first part is mainly about the present situation and questions of the protection of marks of well-known commodity. To know how we protect them from the practical angel, we analyze many cases and find out the question of inconsistent results between legislative and judicial, enforcement.The second part is about theoretical analysis of the protection of marks of well-known commodity. According to the empirical analysis of the first part, we clarify the questions of how to determine the extent of the well-known and the distinctive of the marks. What’s more, we make it clear whether product appearance should be protected.The third part is about how to improve the protection of marks of well-known commodity. We present six specific legislative proposals, such as expanding the range of using and protecting product appearance and so on.The main innovation of this paper lies in two aspects: innovative materials and innovative conclusion.To get a scientific answer, we choose 71 typical and new cases which ranged from 1993 to 2014. To improve the protection of marks of well-known commodity, we present four specific legislative proposals which are highly innovative.However, there are also disadvantages in this paper, embodied in three aspects: first, argument is not comprehensive because of the limited data; second, we do not research the questions about the ownership of the marks of well-known commodity and the conflicts between the marks of well-known commodity and other marks; third, for the questions of enforcement on marks of well-known commodity, the paper is not involved.