Tuesday, March 20, 2012

Psychological Conception of the bronze

Improper use of the flag of other people's business, it would undermine trade order, damage to the rights and interests of consumers of commercial signs and therefore the bronze sculptures form of commercial signs and other intellectual achievements, the national intellectual property of national legislation and the Paris Convention and the TRIPS Agreement, "and other relevant international treaties an important object of protection, such as the "Paris Convention" Article 10 bis, paragraph 3 provides that, in particular, should be banned "unscrupulous business competitors, goods, or industrial and commercial activities causing confusion in the nature of the behavior." Henceforth, Da Yu Ding, and Da Ke Ding, two of the large bronze in Zhou period gathered in the Pan House.  China trademark registration system, goods and services using the trademarks of the implementation of the principle of voluntary registration, the law does not force all the trademark use trademark application for registration, so that trademarks have the distinction of registered trademarks and unregistered trademarks and trademark user can use registered trademarks.
 Unregistered trademarks can also be used, in theory, registered trademarks and unregistered trademarks of legal status should be equal at this stage of the bronze sculpture in the form of commercial signs, including registered trademarks, unregistered trademarks and well-known commodities specific to packaging, decoration. "Trademark Law" protection of registered trademarks, and the law against unfair competition and protection of unregistered trademarks and product packaging and decoration. "commercial identity class protection of intellectual property rights of non-exhaustive cited in Han-Dong Wu waiting for intellectual property multi-dimensional interpretation.
Real characters with virtual characters through bronze statue registration in the form of three-dimensional trademark, the exclusive trademark right to use, can be avoided consumers mistakenly believe that the other image to use the goods provided by the image rights, or get a license or other support, including the rights of the people; the image of the commercial operation and image of the right people on the other commercial. waiting to see Han-Dong Wu. intellectual property multi-dimensional interpretation: Peking University Press, 2008:300. For this, Pan Zuyin specifically built a building named “Climbing the Ancients” dedicating to the collection of the chinese bronze. Chen, editor of the landlord. International Economic Law information on the new Beijing: Peking University Press, 2008:406. Shuo Bu degree thesis style, in addition to special protection of the law, but also may be subject to the Anti-Unfair Competition Law, and other complementary protection.
 Each method complement each other pattern. appearance of the packaging of goods, decoration can be used as a design patent protection, the appearance of protection shorter period of protection is not suitable for the distinctive mark of the protection of goods, therefore, unfair competition can be said is a legal means of protection. China's "Anti-Unfair Competition Law  Section 2 provides that, without authorization, others well-known commodity specific name, packaging, decoration for the same or similar use, cause to be confused with the well-known goods of others, causing buyers to mistake for the behavior of the well-known commodity, the case of acts of unfair competition. He further engraved a seal of “the No.1 treasure” so as to express his happy mood as he owned the bronze dragon.
One of Japan's "Anti-Unfair Competition Law, the use of trademarks, trade names, goods, containers and packaging the same or similar signs, and others known or sale of exports with the flag goods, in order to cause confusion, the commercial interests of the injured person may request to stop the behavior. Thebronze gradually attracted widespread attention of the collectors at home and abroad.  China's intellectual property legal system by the specialized intellectual property law and the framework of the law against unfair competition, intellectual property rights of a single law to protect elements of a large part of this should be the object of some kind of protection is missing, but only by the Chinese infant, and most of hermeneutics from the outside do not complete the introduction of the Civil Code, it is difficult to make up this loophole.

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