중국 법제상 상호권 보호에 관한 고찰- 한국 상법과 비교 -

Abstract

A dispute has arisen constantly on trade names as lots of companies have been founded in China due to the economic development of China. Background and causes of disputes on trade names are widely various, especially some problems that will be mentioned below are pointed to as main causes: First, unifying law on mutual protection has not been completed in China. Second, law system is very complicated in China. Third, the laws cannot keep up with the reality in China. Rights of trade names are considered as the right of use and the exclusive right when trade names go into effect by registration. Law system to protect trade names has been divided into protection by administrative regulations and by unfair competition law in China. Rights of trade names have been protected by tort law and by unfair competition law in substantive law contents. However, trade names protection by tort law is not usually examined due to the issues of poof responsibility. Protection of trade names has been dealt in act of unfair competition as a result of misidentification or confusion by the public. Protection system for trade names is dualized into commercial law and prevention of unfair competition act in Korea, but there is the difference that substantive protection is applied by commercial law. Therefore, the study on trade names in law system of China is needed for foreign investment enterprises to prevent trade names disputes and to prepare various local problems.