On The Application Of Trademark Law And Anti-unfair Competition Law

In the cases of trademark infringement,trademark infringement are unfair competition,because the "trademark law" and "anti-unfair competition law" in the history of the homology,purpose consistency and complex trademark function.The owner of trademark tends to bring a sue of unfair competition when bringing a trademark infringement for these reasons below.The courts also adopt different approaches to dealing with such cases,and different courts apply different laws in the same circumstances.The new anti-unfair competition law has removed the "fake registered trademarks",but other unfair competition practices still overlap with trademark infringement.How to apply the law exactly becomes a matter of practice.Based on the "John Swire & Sons Ltd.,and the herald real estate development co.,LTD.,HuiTong the basic real estate development co.,LTD.Xi 'an branch of the infringement trademark rights,the dispute of unfair competition",this article raises the problem to solve.Based on the "trademark law and the choice of the anti-unfair competition law applicable status","the cause of the problem" and "solution to the problem" this article provides solutions to how to choose laws.This thesis is divided into six parts:The first part is the introduction of the case summary and the dispute focus,which mainly introduces the basic case and the court's decision and the verdict.It is clear that one of the focal points of the dispute is how to choose the applicable law when the plaintiff brings the suit under the trademark law and the anti-unfair competition law.The second part mainly introduces the disputes and applicable selection rules of China's academic circles,China's judicial policies and international intellectual property organizations on the relationship between the trademark law and the anti-unfair competition law.The third part of this article analysis on January 1,2012 to October 14,2017,a total of74 cases in China at the same time constitute trademark infringement and unfair competition cases,analyzed and the result was made into tables and pie charts.The graph shows the differences between the two law application choices and the necessity of solving the choice of the trademark law and the anti-unfair competition law.The fourth part analyses the cause of the problem,including the functions of compound flow method to protect the object,the overlap and the consistency of the legislative purpose,and determine the consistency of the legislative purpose is the fundamental cause of the problem analysis on the cause of the problem.The fifth part,from the reason of the problem,makes clear that although the two methods are consistent,the two methods are different and the protection content is different.Because the two laws protect the object and the content,this paper argues that "special law and general law" is the relationship between two laws.On the basis of two legal relationships,this paper sets out the content of the two laws,and finds the order and scope of the two lawsIn the sixth part,the author generalizes the cases collected,and illustrates the specific application of two laws in practice by enumerating and analyzing one case in each type.