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Research On The Legal Protection Of University Names

Posted on:2017-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:H M WangFull Text:PDF
GTID:2356330485495819Subject:Law
Abstract/Summary:PDF Full Text Request
college and university is the cradle of cultivating advanced talents, research on the base of higher science and technology culture. college and university, especially which with a long history and more prestigious and a strong technical support,is bearing the weight of the honour of the school since establishing, the name itself is of high value. Well-known brand for consumers in colleges and universities means high technology content and powerful reputation guarantee. In this context, it covets this value of the name, illegal use of the name, infringes upon the lawful rights of colleges and universities. At present, some colleges and universities have been aware of the names of colleges and universities because of the huge value, to take measures to protect the names, but even if the university has taken steps to protect their own names, protection is not perfect, departments of law to protect the names of colleges and universities in China is very limited, the name infringement cases still happen. The article on the basic concept of the names of colleges and universities, this paper analyzes the causes of college names under tort, on the basis of reference of the efficiency of the protection of colleges and universities at home and abroad. Names have two kinds of views for the protection of domestic universities, one is through the college name of protection the right of name, one is to use the trademark rights to protect the names of colleges and universities. Practice abroad, mainly introduces the practical characteristics of Harvard University and the university of Oxford, analyzes its reason and its beneficial approach can be used in our country. The article point of view is to use the trademark rights to protect the names of colleges and universities. By registered trademark trademark names are taken to prevent the colleges and universities, colleges and universities as well as rights increase a legal defense, trademark itself with the distinction between the source and advertising functions also lay a foundation for the university brand. The scope of the registered trademark shall be depending on the school's popularity, the discretion of the degree of visibility and infringement according to the school, accordingly to reduce the scope of its registered trademark. Colleges and universities should set up specialized agencies related to application, trademark registration, management, maintenance, universities, formulate perfect brand management system of colleges and universities, and in strict accordance with the system implementation, the agency set up should also based on what rights protection work to set the size of the corresponding institutions. The agency should intensify publicity, the use of all available resources, to do their jobs. And enterprise cooperation, the development of colleges and universities of trademark, the trademark licensing items to the enterprise is responsible for, in order to reduce costs for protection of rights of colleges and universities, and at the same time the school to give strong support. In the process of cooperation with enterprises, the schools shall, according to the actual situation of our own, strictly defined in collaboration with universities enterprise or product standards, in order to maintain the reputation, but also to university and the enterprise brand, to the university and the long-term development of the enterprise are all very good.
Keywords/Search Tags:trademark, name right, name of college and university
PDF Full Text Request
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