The Multidimensional Analysis Of The Objects Of The Passing Off System

The object of anti-counterfeiting system refers to the object,transaction or mark that the rights and obligations of the anti-counterfeiting legal relationship's main body point to.Anti-counterfeiting system in China mainly concentrats in the article 5 of “anti-unfair competition law”,the protected object is limited to:the registered trademark,name,packaging,decoration peculiar to well-known goods,the enterprise name or name,authentication marks,famous-and-excellent-product marks or other product quality marks and producing area.However,under the condition of market economy,as competition intensifies many new types of intellectual property rights object are becoming fake.The limitation of the scope of anti-counterfeiting system's object has been highlighted lacking of the generality and flexibility of anti-unfair competition law,so it is more imminent to expand the object scope of anti-counterfeiting system.According to the Paris convention for the regulation of the 2 of article 10,whatever the form of commercial logo,if it really can distinguish commercial sources in the market,and has certain goodwill or reputation.Then,the fake could lead to the business reputation's improper use of others and consumer confusion.Therefore,all commercial valuable business logo should be equally protected by the anti-unfair competition law.In order to overcome the limitation of anti-counterfeiting system on the protection object,the article analyzes from five dimensions of the object's scope of anti-counterfeiting system,the author hope to give some suggestions to improve the system of anti-counterfeiting through the following five parts.The first part of the individual perspective on anti-counterfeiting object will be explained.Including the trademark,unique name well-known product,packaging,decoration,business name and the name,are “Anti-Unfair Competition Law”,Anti-Counterfeiting System Object Article 5,with “individuality”.The second part of the collective from the perspective of the analysis of the object anti-counterfeiting system.Congjiang County,Guizhou Province,"Yao medicated bath" certification mark,and "Guizhou Maotai" geographical indication products,for example,to analyze the certification marks,geographical indications these collective trade mark counterfeiting may also be stricken,as an anti-counterfeiting system subject matter of protection.The third part of the perspective from the traditional analysis of the traditional name of this particular business has been identified to be counterfeit or other unauthorized use possible.Faced with China's current legal system,there are many limitations in the traditional name of protection,even blank slate,this part of the proposed name would incorporate traditional anti-counterfeiting system for the protection of the object range,to provide more adequate protection for the traditional name.The fourth part from the perspective of the network platform for the domain name and the web both network platform-specific,can be fake commercial logos and related issues were discussed.Graphic combination,discusses the need to incorporate the domain name and Web Anti-Counterfeiting System object range.The fifth part from the perspective of the invisible object analyze the anti-counterfeiting system.All commercial signs behind the coalescence of goodwill commercial subjects through creativity and hard work to create,companies protect their business logo by trademark law and unfair competition law,in fact,is to maintain the goodwill of these markers represent and reputation.Because goodwill,intangible reputation,anti-counterfeiting system by protecting commercial signs to protect the goodwill,the carrier can not replace the protection of goodwill,reputation protection itself.So this will clear some of the recommendations of goodwill,reputation incorporate anti-counterfeiting system object range.