Research On The Protection Of Civil Rights And Interests Of New Commercial Signs

Under the background of China's trademark registration system,the civil rights of various new commercial signs,are not clearly defined in the law,and controversial in theory and practice.There is a problem of insufficient protection by means of Anti-Unfair Competition Law as the leading way to protect new commercial signs.In particular,the problems of private law concerning the acquisition,disposition and relief of civil rights of new commercial signs lack systematic and detailed legal provisions,which make it difficult to adapt to disputes.Regarding the confirmation of civil rights,whether the new commercial identity forms a legal benefit that can be protected from the three aspects of legality,identification and non-functionality;for the transfer of new commercial identity.The right holder can license others use,but the relevant rights and interests may not be transferred separately;for the attribution of the interests of the new commercial signs in the case of trademark licensing,the author believes that the relevant rights and interests should be attributed to the trademark owner,but at the same time should compensate for the corresponding losses.In the remedy concerning the infringement of civil rights and interests of new commercial logos,the confiscation behavior is mainly prohibited through the Anti-Unfair Competition Law.For the acts that constitute the civil rights and interests of the new commercial signs,the civil liability for stopping the infringement,compensating for the loss and eliminating the impact shall be assumed.The pre-litigation ban can also be applied.In order to improve the protection of civil rights of new commercial signs in China,the functional positioning between the Trademark Law and the Anti-Unfair Competition Law should be clarified first.Specifically,in Trademark Law,some new commercial signs should be included in the rights system,and the unregistered well-known trademark property system is regulated to increase the legal system for the use of trademark licenses;at the level of the Anti-Unfair Competition Law,the concept of commercial identification should be legalized,the connotation of relevant concepts should be clarified,the restrictions on civil rights of new commercial signs should be clarified,and the pre-trial protection measures should be improved.