Counterfeit Work The Name Of The Legal Regulation

Name of the work is not only a work center thought several reflected, is also the author in order to distinguish their works and other works of the logo. Now China's rapid development of cultural undertakings, thus has broad viewers and high reputation, its name also has huge commercial value, in recent years by the name of the work of disputes also increased greatly. Works but for the name of the legal protection problem, there is still controversy, in judicial practice, there exist which laws applicable to such cases shall be confusion. Through the "never expected" improper dispute, this article focuses on three controversial focus.The title belongs to what is considered peculiar to well-known goods name? Were very high on the case of first instance trial of the supreme people's court on the trial of civil cases of unfair competition "the explanation of application of law (hereinafter referred to as the explanation) on the specific names of well-known commodities specified in the argument. Works as a human intellectual achievements, and the property of commodity still slightly different, based on the existing law on the specific names of well-known commodities, on the basis of the relevant provisions of the name belongs to the peculiar to well-known goods name that works to the standard and reference factors, and that works in practice the name belongs to the peculiar to well-known goods of trial.What's the constitutive requirements work name counterfeiting? In the case of first instance and second instance judges are commented on the components of the counterfeiting analysis and argument. "Anti-unfair competition law" and relevant judicial interpretations are of counterfeiting the provisions of the constitution of crime, but works as intellectual property, or is slightly different with the product, so the components of the imitation works name counterfeiting also shall be carried out in a special work name of detailed instructions. In this paper, through theoretical analysis and combined with this case, the components of the counterfeiting include:first of fake unauthorized use; The second work being fake is a well-known goods; The third name belongs to the work being fake special name; The fourth counterfeit works is the use of the same or similar; Counterfeiting caused the confusion of the public. And points out that in practice to apply the anti-unfair competition law to protect vulnerable to the theory of error.