Research On The Conflicts Between The Famous Commodity Name Rights And The Company's Name Rights

Famous commodity name rights a kind of right categorized in Item 1 of Article 6 of the latest revision of the Anti-Unfair Competition Law,is not different from the specific name right of famous commodity in the old law in nature,and they have the identity.The company's name right is a right composed of the most recognized part of the company's name.Only under certain circumstances will a certain degree of conflicts exist between the famous commodity name rights and the company's name rights.Therefore,the causes of conflicts and the forms of conflicts are especially important.The causes of the conflicts between the famous commodity name rights and the company's name rights mainly include ambiguity of rights boundary,the regionality of the regulation of the company's names and the broadness of the regulation of famous commodity's names,the sameness or similarity of the commodity names and the company's names,the intrinsic drive of the counterfeiting profit etc.This paper summarizes the forms and types of the conflicts between the famous commodity name rights and the company's name rights according to such factors as whether the rights having conflict are flawed,whether the party causing the conflicts of rights is malicious,whether a competitive relationship exists between such rights.The principles are of great guiding significance to the difficult and complicated cases,especially the solving of conflicts of rights cases.The principles to resolve the conflict between the famous commodity name rights and the company's name rights mainly include the principle of protecting first,the principle of honesty and credibility,the principle of prohibition of confusion and the principle of interest balancing.There may be conflicts between these four principles during application in specific cases.By referring to the “Law of Competing Principles " of Alexy used to solve the conflicts of principles,in some complicated cases of solving the conflicts between famous commodity name rights and the company's name rights,we can determine the principles for " Conditional Priority” based on specific priority conditions.In this way,we can provide a way to resolve the conflicts of principles,which are the principles to solve the conflicts of the famous commodity name rights and the company's name rights.