Legal Issues Concerning The Protection Of Time-honored Brand Intellectual Property

With the deepening reform and comprehensive development of China's market economy,time-honored brands have ushered in a great opportunity for re-development,but at the same time,they are also faced with a huge challenge in intellectual property,which is reflected in the conflict of rights with other commercial signs.Combined with the actual development of time-honored brand and existing legal provisions,there is no specific legislation in our country in view of the time-honored brand law,the concept of the time-honored brand and the ownership is not clear,when the time-honored brand and the trademark rights conflict,no definite trial basis in the judicial practice,leading to the same nature of the case there are different.The gap in legislation and inconsistency in judicial practice are not conducive to the protection of the rights of the owners of time-honored enterprises,and also hinder the development of time-honored enterprises in China.This paper is divided into four parts.The first part mainly describes the cases of "tongdefu" trademark infringement and unfair competition,and lists the core issues and arguments of the case.The second part combines the concept and the right attribute of Time-honored brand to analyze the conflict between the right of Time-honored brand and the right of registered trademark.The third part introduces international treaties and relevant laws and regulations of foreign countries,and then draws lessons and inspirations for China's protection of time-honored brands.The fourth part,based on the analysis of the status quo of the protection of China's time-honored brands and referring to the relevant foreign legal system,puts forward Suggestions on the protection of China's time-honored brands.In terms of legislation,the intellectual property properties of time-honored brands should be clarified,and the time-honored brands should be included in the scope of prior rights in the trademark law.In judicature,we should pay attention to the investigation of historical origin,pay attention to the balance of interests while considering the prior right,and reasonably limit the trademark right and the trade name right of time-honored brands through the principle of honesty and credit and fair competition.