The Protection Of The Enterprise Overall Business Image Under Anti-unfair Competition Law

The enterprise overall business image is an important embodiment of the commercial appearance in the service industry,and the carrier of the unique style of the overall business image is composed of the decoration of the business place,the style of the business appliance,the clothing of the business personnel,etc.In business activities,the role of the overall business image to identify the source of goods or services has become not only an important reference for consumers to choose,but also a high inducement of unfair competition in real business competition.Copying and imitating the overall business image of other enterprises violates the business ethnics subjectively,usurps the trading opportunity objectively,damages the competition order,and is a substantial substitute of other enterprises in the competition,belong to unfair competition.This essay takes the practice demand as the starting point,taking the revision of the Anti-unfair Competition Law in 2017 as the background,starting from the following four aspects to discuss the protection of the overall business image of the enterprise.In the first part,the question is presented and the concept is clearly defined.This article starts with the typical cases of "Che Wang Second-hand Car Case" and "Song Weihe v.Dongbei Cuisine Dumpling House Unfair Competition",etc.,to bring out the overall business image protection status of the company and its major problems,and the overall business image of the company.The scope of protection is analyzed.In the second part,the theoretical basis of the overall business image protection in the context of Anti-unfair Competition Law.The focus of the overall business image protection is not the protection of the logo itself.It is the protection of the goodwill bearing behind the logo.And according to the characteristics of the Anti-unfair Competition Law,the method of business image protection is different from the legal protection of intellectual property rights.It is through the mode of legal interests rather than rights to protect the overall business image of the enterprise dynamically so as to protect the interests of the operators and consumers,to maintain the fair competition order,to encourage investment and dissemination,and to prevent consumers from being confused and mislead.In the third part,the protected elements of the overall business image of by the “Unfair Competition Law”.First of all,the overall business image of the company needs to have acertain influence.It is only possible to rise to equity before it can be protected by the Unfair Competition Law.Secondly,the salience is the core element of the protection of the overall business image of the company.As the soul of the protection of the identification of commercial marks;Third,"integrity","consistency" is the form of protection of the elements;Finally,"non-functional" is the protection of the negative elements.In the fourth part,the constituent elements of infringing the overall business image of the enterprise.The act of infringing on the overall image of the enterprise is a kind of infringement.Apart from satisfying the general infringement requirements,there are also some special constitutional elements.First,when it is determined that the company's overall business image is infringed upon,it is necessary to examine the competitive relationship between competitors.The competitive relationship is not limited to competitors in the same industry.Second,the subjective fault of the actor has an important role,especially when it comes to tort damages compensation,it is the core considerations.Specifically,when dealing with cases involving infringement of the company ' s overall business image,it may be possible to use the method of identifying subjective faults in the trademark “ malicious squattering” case.In addition,it needs to be tested whether the actions of competitors have caused the relevant public to confuse the origin of the goods or services.According to the criterion of “possibility of confusion”,it can be determined from the competition packaging or decoration and the citation packaging or decoration itself.At the same time,the type of the goods and services provided to consumers,the distinctiveness of the packaging and decorating,the degree of public attention,and the subjective intention of the defendant should also be considered.