중국에서의 상표권과 상호권의 권리충돌에 관한 연구 – 상표법과 부정경쟁방지법상의 권리보호를 중심으로 -

Abstract

Recently the cases of Korean company’s trademarks and trade names stolen are increasing due to the influence of the Korean wave. Therefore, for Korean companies, drawing up guidelines on a collision of trademarks and trade names is urgently needed in china. However, earlier domestic studies have been focusing on major provisions of china Trademark law; the study on a collision of trademarks and trade names is insufficient. On a collision of trademarks and trade names in china, we have examined both theories and practices through analysis of cases and related regulation research. Service mark of the Trademark law was misidentified by having similarities with company’s trademarks and trade names. Those are each different rights of protection object, protection law, the scope of effectiveness and component parts. So then, the collision of trademarks and trade names is occasionally happening. In addition, the collision of trademarks and trade names makes consumers not to differentiate the origin of service. Trademark law and prevention of Unfair Competition Prevention Law would regulate not to make a loss for party’s interests and for the public interests. Trademark law and prevention of Unfair Competition Prevention Law in China have been not only protecting a trademark and a trade name as one of civil rights, but also having clear regulations of how to judge rights violation in case of the collision of both rights. In the past, a Chinese court had taken a negative attitude on the collision of a trademark and a trade name, but through several times revision of Trademark law we can acknowledge the changing its attitude to be more positive by a judicial precedent.