Intellectual property and image rights disputes
recently, the Sun, leaves poetry, lindane ... ... A Chinese face let the world remember at the London Olympics, the Olympic champion, "worth" double up. Star effects of the Olympic Games, which many businesses look to champion names rich with tremendous business value, causing merchants "strike first" top rush-Olympic champion mark the cluster effect.
It is worth noting that it is now the momentum has developed to the point of madness. Olympic champion Sun Yang and ye's name has become a part of the business to register "meat and potatoes". Log China trademark website will find that "ye" brand of swimwear, "Buchanan" brand animal drinks, "Liu Xiang" brand of football shoes, etc can be found everywhere, only known as "Liu Xiang" trademark was registered more than 40 times. Taobao network platform can be impressively seen many champion names "naming" goods on stage, a kaleidoscope of sight, dizzying, even "dried pork" carrying World Championship title. Under nominal and the Sun "and" noise-canceling headphones have been scrambled to handicrafts, Sun and his father signed a swimming CAP is asking 8000 Yuan, there very still, composed of Sun, ye, Jiao Liuyang autographed Olympic swimming cap price to 150,000 yuan is huge! Is called surprising.
, why do businesses this way, scrambled to rush such trademarks? According to industry analysts, is the Olympic champion gold effect has emerged. Sun Yang and ye has identified some real estate group awards over 3 million yuan of property; the second is the Olympic champion's name itself is a huge brand equity, once it is transferred to the commercial field will unleash tremendous business value; the third is a trademark could be a lucrative business. Upon request, 90% registered trademarks have become idle trademarks, most enterprises want to of the cybersquatting Olympic trademarks for sale, through the transfer of profits. Have you not seen that apply for registration of a trademark in about 2000, usually used in ten years, if due to extended use, you only need to pay 2800 Yuan, while good trade mark transfer fee can be as high as millions of Yuan. One of the great temptation is understandable.
above the madness of rush, reflecting domestic businesses are eager for quick success, chasing the lucrative idea. Celebrities name trademark, but also shows some enterprises did not really understand the connotation of trade marks. Trademarks the brands, it contains the enterprise product quality, patented technology, sales and market reputation, and many other elements, is by no means a celebrity's name on the cover. From the legal point of view, China's such cybersquatting acts have no binding effect, article 31st of the trademark law is not to protect the right to name explicitly.
looking at overseas, overseas, in the field of trademark celebrity name has special protection, and we can learn from. Taiwan trademark law provisions, another portrait, legal persons and other organizations or famous trade name or names, without their commitment, no application for trademark registration. Korea trademark legislation and practice prohibit others from the names of eminent persons at home and abroad as a trademark. In the West, to the celebrity's right of publicity, the right to special protection.
Gao Fuping think Dean of East China University of politics and law of intellectual property, registered trademark of China's trademark law does not prohibit natural persons by name, so, the Olympic champion was not famous before the embarrassment of being registered in law it is difficult to dismiss. However, in athletes after the Games title, merchant herd registration of a brain, it smacks of malice, should be stopped. To this end, we propose the revision of the trademark law, legislation banning rush-famous trademark in order to strengthen the protection of eminent persons ' right to name and a fair market competition environment.