| There is a speech delivered in the 25 th collective study of the Political Bureau of the CPC Central Committee,emphasizing the protection of intellectual property rights and fair competition.Nowadays,the development of China’s economy has a great progress.Meanwhile,the complexity of commercial transactions has a large rise so that the awareness of intellectual property of companys also have a enormous improvement.Typically,the disputes over trademark rights and tradename rights in China’s judicial practice are increasing.However,in China,the legal protection of tradename is still in basic stage.At present,the infringement of prior trade name rights under special circumstances in judicial practice is lack of researches and discussions.Therefore,in order to resolve disputes related to the infringement of prior tradename rights,it is necessary to clarify the criteria for the special infringement of prior tradename rights and strengthen the protection of prior tradename rights.Although the definition of prior tradename rights is basically clear in legislation,the criteria for determining the infringement of prior tradename rights are not specific.People’s courts in china determine the criteria and evidence in judicial practice which contains disputes over the infringement of prior tradename rights.There are also different understandings when the power of evidence mentioned.There are special infringements of prior tradename rights still unsolved.Therefore,the specific criteria of the infringement of the prior tradename rights has become the key to resolving the conflict between trademark rights and tradename rights.This paper takes the ZJHQ Co.,Ltd V.ZJ Co.,Ltd case as example,discussing the main disputes of this case and analyzing the judgment standards of related cases.The author believes that the infringement of prior tradenames by the combined use of a trademark and an corporate name should be analyzed from three aspects: popularity,possibility of confusion,and infringer’s subjective maliciousness,focusing on judging whether the combined use of trademark and corporate name is likely to cause confusion.Specifically,this paper summarizes the criteria for the infringement of prior tradename rights in judicial practice and the probative power of evidence,and believes that the criteria for determining tradename infringement by the combined use of trademark and corporate name should be referred to trademark infringement,and consider the characteristics of the commercial entity and the scope of the relevant consumers.At the same time,this paper discussed the regulation of this kind of infringement in anti-unfair competition laws,and believed that it is transitional measures and should be applied flexibly when it comes to the infringement of prior tradename rights.In addition,this article analyzes the data of cases involving the infringement of the prior tradename rights in recent years,summarizes the opinions of judges to the infringement of the prior tradename rights,and explores whether there are deficiencies in the judgment of the prior tradename rights infringement in our country.Finally,in order to improve the judicial standard of the infringement of the prior tradename rights in our country,it puts forward substantive and procedural suggestions to achieve the goal of protecting intellectual property rights,promoting innovation,and promoting the establishment of a fair and competitive business environment. |
