Draft of trademark law amendment
New capital signs up for dispatch (diameter of reporter Song Shi) draft of trademark law amendment refers standing committee of National People's Congress of 12 whole nations the 3rd times yesterday the conference undertakes 2 careful. 2 go over a manuscript or draft right " well-known logo " the regulation is made multinomial revise, specific provision prohibits manufacturer businessman wharrison hot spring dealill " well-known logo " model of written characters is used at advertisement conduct propaganda, exhibition and other business activity. Set at the same time, upper limit of specified amount of compensation of brand tort case is carried reach 2 million yuan.
This is draft of trmodern dining chairsademark law amendment refers conference of standing committee of countrywide National People's Congress the 2nd times to discuss. Xie Jingrong of committthe most popular selling norton internet antivirusee member of vice director of council of law of countrywide National People's Congress introduced main modification condition to the conference.
Xie Jingrong says, draft cancel first instance stalkthe best selling modern dining chairss of grain about onefold color can the regulation of registered trade mark, wait to the cognizance mechanism of well-known logo, cognizance link make specific provision, prohibit undertaking watch caseswith vancouver to harrison hot springswell-known logo advertisement is publicized, prevent misdirect consumer.
Draft still prepares to establish brand representative to organize " blacklist " , set pair of lawbreaking regulations and urban credence principle, and the brand representative organization with serious clue, brand bureau, brand evaluates committee to be able to decide to stop to accept its to conduct brand representative business, give announcement.
Be aimed at what exist before " the enterprise was done not have, brand has not been registered come down " corner, the checkup that draft drafts pair of registered trade mark time limit is made clear, formulary brand bureau is preliminary examine time limit to be 9 months, announcement demur period for 3 months.
Afterwards the first time submit draft of deliberative trademark law amendment after brand tort case upper limit of legal compensation specified amount enhances 1 million yuan from 500 thousand yuan, 2 go over a manuscript or draft to raise this one upper limit 2 million yuan further.
Revise trademark law this, the orgnaization that plans to clearly authority holds celebrated trade mark evaluates the court of justice that committee and supreme court appoint for brand bureau, brand.
When draft still plans to change brand bureau to hold celebrated trade mark sthe most popular watch caseso " batch is maintained, active protection " practice, instead " case maintain, passive protection " .
■ analysis
1 " ban with well-known logo model of written characters " the operation is difficult
In a few advertisement, manufacturer can serve as stunt for well-known logo with his brand, in order to get the public is approbated.
When draft first instance, the committee member such as Ren Maodong, Lv Wei suggests, undertake to well-known logo consumer of undeserved conduct propaganda, misdirect belongs to unfair competition, in ought to prohibiting be being publicized in advertisement, use " well-known logo " similar perhaps appellation.
Standing committee of countrywide National People's Congress the law is versed in appoint express, a few local government regard well-known logo amount as achievement in one's post about the branch, not only help enterprise is striven for maintain, still give a huge sum award to acquiring cognizance company. The rwatch case openeresult appeared the part is celebrated logo is not well-known with the corruption in cognizance process. modern dining chairs
Draft of trademark law amendment 2 go over a manuscript or draft regulation, production, operator is not gotten will " well-known logo " model of written characters is used at commodity, commodity is packed or on container, perhaps use in advertisement conduct propaganda, exhibition and other business activity.
But the maneuverability of this one regulation also caused doubt. The expert puts forward, the company can change " famous label " , " Chinese famous brand " wait for other idea to undertake conduct propaganda, bypass this sets thereby. And, this changes the impulse of achievement in one's post of local government very hard also.
The law is versed in appoint say to this response, how is local government assessed, not be the issue that trademark law needs to solve.
2 " onefold color registered trade mark " the clause dies young
Active trademark law sets, brand must be character, graph, letter, number, three-dimensional mark and color combination. Draft of first instance of trademark law amendment ever planned to allow " onefold color " and " sound " register as brand.
First instance draft sets, the onefold color that mofree modern dining chairsunt uses is included in commodity, commodity, obtain striking feature through using, can distinguish this commodity and other goods, can apply for to register as brand.
But 2 go over a manuscript or draft expunged about onefold color but the regulation of registered trade mark.
Xie Jingrong explanation says, a few places, expert and enterprise put forward, onefold color natural resources is limited, the color that the ordinary person can identify has 100 only a variety of, if allow to register onefold color brand to may cause a trademark registrant,be opposite the forestall of color, and the difficulty that distinguishs cthe best selling watch casesommodity source through onefold color is very great, easy generation is promiscuous, disapprove of such regulations.
Legal committee considers to think, our country enterprise still regards brand as registered demand without will onefold color, and register in brand, the link such as management also lacks corresponding experience, but of short duration is not clear in law.
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