Analysis On Intellectual Property Protection Of China Time-honored Brand

China Time-honored Brand carries unique skills,profound service concept and commercial culture essence,and is a precious independent brand in China.To meet consumer demand,enrich people's life,show the national culture is playing an increasingly important role,the famous trademark,trade name can match the cultural value and economic value brand value,to carry out the corresponding intellectual property rights protection its significance is self-evident.Because of the "Trademark Law of The People's Republic of China","Anti-unfair Competition Law of The People's Republic of China" and other laws legislation starting point is the sustained and healthy development of the socialist market economy rather than individual enterprise culture heritage protection,cause in some cases be infringement enterprise in the face of trademark infringement,unfair behavior,often because of proof cannot or legal vacuum and is to be held accountable.In addition,the regulations on the registration and management of enterprise names have a narrow scope of geographical protection for enterprise names,which can easily lead to the duplication of business names.The above all reflect the old problems of protection of intellectual property rights,therefore,combing the current laws and regulations and the demand of old protection does not match,and puts forward corresponding countermeasures has important practical value.Based on Chinese web sites related to written judgment as the main data source,supplemented by questionnaire,through the description of the objective data,law enforcement,judicial practice practice data,questionnaire data such as data,as far as possible to the finalists,summarized the problems existing in the protection of intellectual property rights.And the corresponding analysis and demonstration,looking for loopholes in laws and regulations,finally put forward a more reasonable solution.The full text system is as follows:The first part differentiates the similar concepts of trade name,trade name and enterprise name,and brieflydescribes the current situation of the protection of intellectual property rights of China Time-honored Brand.On the legal level,"Anti-unfair Competition Law of The People's Republic of China " regulation on administration of enterprise name registration to protect intellectual property rights of China Time-honored Brand.At the government level,the ministry of commerce,local people's governments and their working departments have issued special rules and regulations to specify protection measures.The second part summarizes the problems encountered in the implementation of law and the problems in the legal system through summarizing and sorting out the system loopholes reflected in the survey data.Specifically,it is difficult to identify goods that violate the exclusive right to use registered trademarks by selling them.The third part for the analysis found that the problem of law,in the viewpoint of system level and implementation level does not match the current legal system and the old development,indicate the protection loopholes.In the face of the violation of the right to exclusive use of a registered trademark by the sales of goods,the plaintiff has difficulty in proving his right.Legislative technology leads to the ambiguity of the provision of "having a specific relationship with others" in the new law.The excessive regional protection of the enterprise name registration authority has resulted in the "legal but unreasonable" business name disputes.The fourth part puts forward the corresponding improvement countermeasure,and proposes to improve the system and fill the protection loopholes through local legislation,revision of laws and judicial interpretation.This includes the enactment of local laws and regulations to eliminate the difficulty in providing evidence for rights protection,the introduction of judicial interpretations in conjunction with the revised anti-unfair competition law,and the reduction of the level of enterprise name registration authorities.