Research On The Identification Of Commodity Generic Name

It is a long-standing conflict between the generic name and registered trademark,and behind the interests is the competition.The generic name belongs to the public domain,which is shared by the whole society;everyone has the right to free use of the generic name;Registered trademark is the trademark owner's personal property,and the intellectual property rights emphasized by the hitherto unknown attention today,that is undoubtedly a huge wealth for the trademark owner.In practice the dispute of trademark and the generic name have never been interrupted,and it is a great significance to reasonable definition of the generic name for the development of the society.This thesis is divided into three parts: the introduction,the text and the conclusion.The main body of the text is divided into four chapters.The first chapter analyzes the status identification of the generic name in judicial practice in China,which points out there is no uniformity basis in the application of the generic name in judicial practice,namely the influence is unknown,the standard of the area of generic name is different and the related public subject is confused.The second chapter discusses the influence of generic name presented in the first chapter.The first section of this chapter studies the effectiveness of law,national standards and industry standards in the identification of generic name,which main analysis the advantages and disadvantages basing on the national standards,industry standards,then compared with other basis.Through study the identification of the generic name of drugs,then to confirm the influence of the national standard,industry standard in the commodity generic name.The second section mainly analysis of relevant public cognition.Through the study of foreign related standards,the essential characteristics of the generic name and the related public in the identification of the generic name,and combine with related jurisprudence in our country todetermine that the public cognition plays the key effectiveness in identification of the generic name.The third section main study the professional reference books,dictionaries and other public publications and the name using condition to get those works less than National labeling,industry standards from the evidence,proof of power and their own excellent and shortcomings.The use of its name and the expert testimony,the views of the relevant industry associations only as reference factors to consider which need to combine with other basis to make judgments.The third chapter researches on the question of subject and regional to the identification of generic name.The first section studies the relevant public subjects like the status and role of consumer,the operator in the identification of generic name.The analysis should be based on consumer or operator awareness to determine the generic name.The second section analyzes and discusses the geographical scope of the generic name.And under what kind of circumstances generic name should be identified as a part of the region and then how to analyze the scope of the area.The fourth chapter put forward the proposed recommendations of identifying generic name.The most direct way is the consumer survey.Combined with the US consumer survey in the judicial practice,taking the consumer investigation into our judicial process to identify goods generic name,and then proposed a complete set of consumer survey system to improve the identification of generic names.