Interpretation Of The Relevant Provisions Of The New Trademark Law "Prohibiting The Promotion Of Well-Known Trademarks"

Famous for trademark The perfection of the system is a prominent highlight of the new trademark law. The amendment stipulates that "producers and operators should not use the words" well-known trademarks "for goods, commodities, packaging or containers, or for advertising, exhibitions and other commercial activities." offenders "shall be ordered by the local administrative departments for Industry and commerce to make corrections and impose a fine of one hundred thousand yuan.

What is the reason and significance of the new regulations on "prohibiting the promotion of well-known trademarks"? How should we fully understand the new relevant provisions? Can we really achieve the desired regulatory effect by relying on these provisions? Before the formal implementation of the amendment, it is necessary to have a clear and comprehensive understanding of these issues, so as to provide references for the smooth implementation of the amendment and the realization of its objectives.

　 New content in Trademark Law

After the third revision of China's trademark law, the legal rules governing the publicity of well-known trademarks have been established for the first time. The specific legal provisions are found in Fourteenth and fifty-third articles. The legal rule limits the main body of "prohibiting the publicity of well-known trademarks" to producers and operators, while other main bodies are not bound by "well-known trademark publicity". At the same time, the law established the "no pattern", indicating the legislative attitude that all acts of "well-known trademarks" should be banned in the use of trademarks. The requirement is that producers and operators should not use the words "well-known trademarks" in commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities. It is worth noting that the way of expression of well-known trademark publicity forms almost completely refers to the new "trademark use" clause in this revision. The contrast between the two shows that on the one hand, the publicity of well-known trademarks is closely related to the use of trademarks, both of which have formal similarities; on the other hand, the well-known trademark publicity is different from the use of trademarks, and does not belong to the exercise of trademark rights. In addition, the law stipulates that the mode of breach of conduct will bear the corresponding administrative responsibilities, but the civil and criminal liability issues for "well-known trademark publicity" have not been provided.

　 Great progress in new content

The new regulations on "prohibiting the promotion of well-known trademarks" have made a crucial first step in regulating the publicity of well-known trademarks, which is of great significance.

First of all, the relevant provisions in the amendment fill in the blank of our country's direct legal basis for the regulation of well-known trademark publicity at the legislative level, which will help curb the abuse of rights and better realize the balance between the interests of well-known trademark owners and other trademark owners, consumers' interests and social public interests.

Moreover, in order to regulate well-known trademark publicity, it is the first time to explicitly stipulate the subject, method and legal liability of the well-known trademark in the trademark law, which is conducive to the use of the existing trademark management resources to enhance the feasibility of the relevant measures, and it can also provide reference and reference for other legal norms in the specific application or legislative perfection of regulating the publicity of well-known trademarks.

　 There are still minor flaws in progress.

However, from the point of view of comprehensively regulating the publicity of well-known trademarks and completely blocking the chain of interests behind them, the relevant provisions in the amendment are still insufficient, and its implementation effect may not be ideal because of its insufficiency.

As an important manifestation of alienation of well-known trademarks, the essence of well-known trademark publicity is to regard "well-known trademarks" as honorary titles and propagate them to the public. In the final analysis, the reason why the well-known trademark is used for publicity is the great interest contained in the well-known trademark itself, which is also one of the causes of the alienation of well-known trademarks in China. Based on this essence, the well-known trademark publicity in broad sense should include at least intermediaries and places. government Propaganda.

It should be noted that although the great benefits behind well-known trademarks have different forms of expression for enterprises, intermediaries and local governments, they are essentially interrelated and interrelated. From the point of view of thoroughly blocking the improper interests chain behind the well-known trademark, it is necessary to regulate the publicity behaviors of the well-known trademarks. Otherwise, the interest or influence gained by any party may evolve into the motivation for other subjects to continue to engage in the alienation activities of various brand names.

In addition, in the regulation of well-known trademark publicity, there is a lack of general provisions for "well-known trademark publicity", which makes the extension of well-known trademark publicity in a relatively closed state. After implementation, there may be risks that can not deal with a more subtle way of publicity.

　 We should perfect the combination boxing.

Despite its shortcomings, the amendment has indeed made a significant first step in regulating the publicity of well-known trademarks. In order to further strengthen the legal regulation of the publicity of well-known trademarks in China, we should first strictly enforce the relevant provisions in the amendment. For example, after the formal implementation of the amendment, the administrative departments for Industry and commerce should actively cooperate with each other, especially for commodities that may exist in reality, which are produced before the implementation of the rectification plan, and are still in the market after the implementation of the rectification plan. The commercial and industrial organs should make a unified and clear treatment request in advance according to the actual situation, and stop production and operators as an excuse to delay the implementation time of the amendment in disguise.

In addition, the relevant provisions in the amendment are the initial and key provisions on the regulation of well-known trademark publicity at the level of trademark law. However, for the purpose of realizing the comprehensive regulation of well-known trademark publicity and effectively governing the alienation of well-known trademarks, we still need to improve the trademark law itself and cooperate with other legal systems. The author suggests that we should further build a legal regulation system which takes trademark law as the core, consumer rights and interests protection law, advertising law and other economic laws as an important part to regulate the administrative normative documents of the publicity of well-known trademarks in local governments, so as to give full play to various well-known trademark publicity involving multiple participants, complicated forms and interlaced interests chains. Rule and regulation 。