Research On The Legal Protection Of Intellectual Property Rights

The exhibition economy has come into the form of a complete industry in China.Although just with a short time,its direct or indirect economic value and industrial value have been attracting attention from all sides.However,China's laws and regulations on the protection of exhibition symbols are relatively lagging behind and leave a lot of legislative blanks,resulting in a large number of well-known exhibition symbols are always infringed upon,and the infringement of exhibition symbols,such as copying and falsely using others' names,often occurs.In order to effectively protect China's exhibition symbols,this paper analyzes from the following perspectives:First,to make clear the meanings and contents of the exhibition symbols.The current law now in China has neither clearly defined what is the exhibition symbol,nor what is the content of the exhibition symbol includes,which result in a large number of contents of the exhibition symbols have loopholes in the search for the basis of legal protection.Exhibition symbol refers to the symbol that is attached to an exhibition activity or organization,which is distinctive and can distinguish different exhibition activities or organizations.Its main contents include: the name of the exhibition,the theme word of the exhibition,the emblem,the slogan of the exhibition,the flag,the anthem,the mascot of the exhibition,the domain name and other symbols with prominent features of the exhibition.Second,to analyze the current situation of China's legislation on intellectual property rights of exhibition symbols and the specific infringement of exhibition symbols,further finding out the deficiencies in the legal protection of intellectual property rights of exhibition symbols in China.Specifically speaking,the problems in the legal protection of exhibition symbols in China are as followings: first,the legislative mode is chaotic.Since the exhibition symbol itself contains extremely complex contents,how to choose the legal protection mode of the exhibition symbol is quite important to clarify the relationship between the intellectual property laws of the exhibition symbols.Secondly,the scope of the existing protection on legal exhibition symbols is narrow.China's existing laws only focus on some contents of the exhibition symbols or specific types of exhibition symbols,so it is particularly necessary to expand the protection scope of the exhibition symbols in order to adapt to the constantly changing technology and economic development.Third,the confusion of the term of protection.Because the mode of legal protection is not so clear,the term of legal protection is also a confusion.Fourth,the registration and use system are yet not clearly regulated.Because of the lag of legislation,the acquisition and use system of the exhibition symbol is still lack of uniform provisions,which is also too principled.Third,the overseas exhibition symbol legislation pattern can be the reference to our country to some degree.The different legislative modes presented by the United States,Germany and Japan,although with their own unique characteristics,all effectively protect their domestic exhibition symbols and also reduce the infringement of the exhibition symbols.It provides reference for the choice of legislation mode in our country.Fourth,the suggestions on improving the legal protection of exhibition symbols in China: first of all,from the perspective of reality,China should establish the "collaborative protection" mode of exhibition symbol's intellectual property laws,and then realize the effective protection of exhibition symbols by classifying different contents of exhibition symbols and applying different kinds of intellectual property laws.Secondly,from the perspective of what should be,since the characteristics of the exhibition symbol itself are significantly different from other traditional types of intellectual property rights,the effective protection of the exhibition symbols should be realized by modifying the Administrative Regulations for Special Symbols to be the mode of special legislation of Regulations on the Protection of Exhibition Symbols.