Research On Protection Of Competition Law Of Trade Name Right

Competition law including antitrust law and anti-unfair competition law, this paper analysis Anti-Unfair Competition Law firm protection rights. Firm as a corporate identity marker, which not only has the most basic recognition of the role, it also contains a business reputation and product reputation of a business in the modern significance of the competition they have already caused widespread concern in the community.From the courts of cases of unfair competition, the firm is currently on cases of violation of the right to increase year by year, mainly in the conflicts with the firm’s trademark. From an economic point of view the event in recent years occurred generating a lot of well-known firm cybersquatting case of others, the conflict between domain names and firms have become worse. On the protection of the firm has formed a preliminary legal system, but these legal systems there are serious flaws, such as dispersants, positioning, incomplete coverage, contradictory, is lagging behind and so on. Most academic research firm focused on the right to intellectual property, competition law very few people from the perspective of the firm to explore the protection of rights. Currently, most scholars believe that the firm is the right kind of intellectual property, of course, I also agree with this view, but that does not mean it does not need the protection of competition law. Anti-Unfair Competition Law is an act of law for the primary regulation is unfair competition to others, it provides protection for the world is not positive in nature, but a passive protection. That it is a violation of the prohibition of business ethics or the principles of good faith way infringes upon the interests of a firm passive protection. In essence, the nature of unfair competition law is the protection of intellectual achievements, but it is a manifestation of corporate intelligence firm outcomes.From the legal status of protection of the firm view, define the legal nature of the firm and the firm the right meaning, and explains the business value of the firm and he has the competitive significance of competition law and reveal the importance of the right to the protection of the firm and the starting point, reference to foreign and international conventions relating to the protection of competition law firm right system, such as the protection of competition law firm to get it right, the scope of protection on this basis; criteria and legal responsibilities and other acts of unfair competition. Further legal protection of trade name rights of existing problems, such as ill-defined concept of the firm; the firm the right to legal protection system confusion. Through analysis of these issues and research, we put forward some suggestions on the protection of individual rights firm competition law, such as the protection of the right to clear the firm has made way competition law, the scope of protection; clearly unfair competitive practices and other constituent elements. Finally, I hope that by writing this article for our firm can provide some reference in the protection of the right to competition law.