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My Country's Colleges And Universities Are Referred To As Legal Protection Research

Posted on:2021-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:F L ChenFull Text:PDF
GTID:2516306230995769Subject:legal
Abstract/Summary:PDF Full Text Request
With the increasing social and economic value of university name,the disputes about school name are increasing,especially the use of school name abbreviation becomes the focus.From the case of "Qinghua" and "Hujiang ",it is found that the common way of infringing the name of the university is to grab the name of the university and the improper use of the name of the university,thus causing two questions worth thinking about: first,how to regulate the behavior of grabbing the name of the university;second,how to standardize the use of the name of the university.As a legal person of public institution,colleges and universities have the right of name to the registered school name,which also has certain property attribute through long-term use.After the use,has certain popularity and the unique directionality school name abbreviation has the same attribute also should be included in the school name protection category.In order to safeguard the legitimate rights and interests of consumers,stop the illegal "hitchhiking" behavior,and protect the reputation accumulated by colleges and universities for a long time,it is necessary to protect the abbreviation of school name.It can be found that colleges and universities tend to register their school names as trademarks to seek legal protection,but colleges and universities are different from the general market operators,and their abbreviation registration has some lag and limitation.In this regard,we can improve the prohibition of registration and strengthen the management of colleges and universities,from the source to prevent the occurrence of such disputes.In addition,the judgment of the use of school name abbreviation is the difficulty of tort judgment in judicial practice.As a legal person of non-profit institutions,colleges and universities have great limitations on the use of school name abbreviations.Through the comprehensive investigation of the use of school name abbreviations,the establishment of school name abbreviation use norms,detailed use of the object,method,time judgment,will effectively balance the interests of colleges and universities and the public interest.In addition to this,it can be seen that colleges and universities have a great demand for well-known certification,and the judicial circles also have precedents for the recognition of school names as well-known,fully considering the particularity of the use of school names as abbreviations,and doing the recognition of well-known abbreviations.The regulation of differentiation willhelp colleges and universities to strengthen the function of educational service and maintain good market order.
Keywords/Search Tags:name of university, the abbreviation, trademark use, well-known trademark
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