A two-pronged approach of legal construction and moral construction can guard the blue sky for intellectual property rights

In 2016, after years of hard work, a scientific research team led by Chinese astronomer Nan Rendong finally built The 500-meter-diameter radio telescope is not only the largest radio telescope in the world, but its technical level far exceeds the world's advanced level for more than 20 years. We respectfully call it "China's Sky Eye". However, some media recently disclosed relevant reports. , a tobacco company registered "China Sky Eye" as a trademark and produced "Tian Eye" brand cigarettes, which were very popular for a while. Although the tobacco company is famous for paying tribute to the spirit of science, no matter how you look at it, it looks a bit ugly for the sake of publicity. suspicion.

However, is it appropriate to use Tianyan as a cigarette brand? ?Chinese Sky Eye? is the research result of a master in many aspects of astrophysics and materials science. It has extremely far-reaching value for the Chinese nation. It symbolizes the hard work and perseverance of Chinese researchers and their noble sentiments. This is more like A beautiful representation of moral climbing. However, with the advent of "Tianyan" brand cigarettes, the popularity of cigarettes and "China Tianyan" is obviously linked to a soft expression of values. After all, the image of cigarettes has never been very positive. Of course, cigarettes As a crop, it has brought a lot of income to Chinese farmers, but its negative controversies have never stopped. Therefore, it is inappropriate to associate a scientific research result that represents the country's sense of honor with a product that is constantly controversial.

So is it legal for market companies to tamper with national business cards for corporate interests, and how can it be prevented?

Let’s first look at this issue from a legal perspective. According to the current expression of trademark law, academically related terms such as “scientific research names and results” are currently included in the list of prohibited trademarks. , to put it simply, in fact, this kind of "touching porcelain" behavior does not violate the law and is allowed to exist.

Since this kind of behavior cannot be restrained from the institutional level, according to the current rules of social operation, we can only try to prevent this kind of phenomenon in the future by starting from two aspects. First, the relevant rights holders of trademarks should independently Improve the awareness of the protection of intellectual property rights such as trademarks. For example, Mr. Nan Rendong can register the trademark "China Sky Eye" as soon as possible, so as to prevent many trademark violations; secondly, entrepreneurs who are the builders of China's economy should improve their Your own morals are down, and you should keep a trace of social feelings while devoting yourself to the enterprise, so that when you encounter such things in the future, you can rely on the ethics in your heart to restrain your behavior. Of course, this kind of social moral construction is It is a very difficult thing, and the road is long and long. As new young people, we should search up and down.