Concept and identification standard of well-known trademark: Well-known trademark refers to a trademark that enjoys a high reputation in the market and is well known to the public after long-term use. Recognition criteria: 1, public awareness of the trademark 2, duration of use of the trademark 3, duration, degree and geographical scope of any publicity work of the trademark 4, record of protection of the trademark as a well-known trademark 5, other factors that make the trademark famous. Protection: 1 Rejection or cancellation of registration 2 Prohibition of use as a trademark 3 Prohibition of registration as a trade name 4 Prohibition of registration as a domain name.
Concept and characteristics of unfair competition: unfair competition refers to the behavior of operators who violate the provisions of the anti-unfair competition law, damage the legitimate rights and interests of other operators and disrupt the social and economic order. Unfair competition has the following characteristics: 1. The main body of unfair competition behavior is the operator. The so-called operators refer to legal persons, other economic organizations and individuals engaged in commodity management or profit-making services. Non-operators are not the subject of competitive behavior, so they cannot be the subject of unfair competition. However, in some cases, some behaviors of non-operators will also hinder the legitimate business activities of operators and infringe on their legitimate rights and interests, which is also the object of adjustment of the anti-unfair competition law. Unfair competition is illegal. The illegality of unfair competition behavior is mainly manifested in violation of the provisions of the Anti-Unfair Competition Law, including violation of the specific provisions of Chapter II prohibiting all kinds of unfair competition behavior, and violation of the principled provisions of Article 2 of this Law. Although it seems difficult to identify some acts of business operators as acts of unfair competition clearly stipulated in this law, they should also be identified as acts of unfair competition as long as they violate the principles of voluntariness, equality, fairness, honesty and credit or recognized business ethics, damage the legitimate rights and interests of other business operators and disrupt the social and economic order. 3. The object of unfair competition is the legitimate rights and interests of other operators and the normal social and economic order. The destructiveness of unfair competition behavior is mainly reflected in: endangering the market order of fair competition; Hinder technological progress and the development of social productive forces; Damage to the normal operation and legitimate rights and interests of other operators, so that law-abiding operators suffer both material and spiritual damage.
The form of commercial confusion: 1, counterfeiting the registered trademark of others; 2. Unauthorized use of the unique name, packaging and decoration of well-known trademarks, or the use of names, packaging and decoration similar to well-known commodities, resulting in confusion with other well-known commodities, so that buyers mistakenly believe that they are the well-known commodities; 3, unauthorized use of other people's enterprise name or font size, making people mistakenly think that it is someone else's goods.
1 1. Briefly describe the concept and characteristics of trade secrets: trade secrets: technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee.
Features: Confidentiality means that relevant information is not generally known and easily obtained by relevant personnel in their respective fields. Economy means that the relevant information has real or potential commercial value and can bring competitive advantage to the obligee.
12. Briefly describe the forms of infringement of trade secrets. 1 Illegally obtaining trade secrets. Including theft, inducement, coercion, disclosure or use of trade secrets in the delivery area, illegal disclosure or use of legally choked trade secrets, and infringement by third parties, including bona fide third parties and malicious third parties.
13, the concept of manufacturer's name, the right content of manufacturer's name right includes: manufacturer's name (trade name, enterprise name, enterprise name): a distinctive text symbol used by commercial subjects.
Rights: 1, use right 2, transfer right 3, license right 4, prohibition right.
14, the definition of geographical indications, and the difference between them and commodity origin marks. Geographical indication: a sign indicating that a commodity comes from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region.
The difference between geographical indications and source marks: 1 Source marks only indicate the source of goods or services, while geographical indications not only indicate the source of goods and services, but also indicate the quality and reputation of goods. Geographical indications and names of origin are signs related to real place names. The source mark is not necessarily a real geographical name. Geographical indications and names of origin have property rights, while signs of origin do not. Geographical indications and names of origin are related to the quality and reputation of commodities, and geographical indications are more extensive than names of origin.
15. Briefly describe the concept and content of layout design right of integrated circuits. Layout-design right of integrated circuit: the exclusive right of the obligee to copy and make commercial use of its layout-design according to law. Content: 1, reproduction right 2, commercial utilization right.
16, the concept of new plant varieties and the authorization conditions and protection period of the right to new plant varieties.
New plant variety: a plant variety that has been cultivated artificially or developed from the discovered wild plants, with novelty, specificity, consistency and stability, and is appropriately named.
Plant variety right refers to the exclusive right of breeders to new plant varieties within a certain period of time according to law.
Authorization conditions: 1, novelty 2, specificity 3, consistency 4, stability 5, and proper naming.
Protection period: from the date of authorization, vines, trees, fruit trees and ornamental trees are 20 years, and other plants are 15 years.