Answer analysis of hot interview questions about property rights awareness:
Example questions
In recent years, cultural relics and historic sites have been registered as trademarks many times, and the "Terracotta Warriors" have been trademarked again recently. It was registered as a trademark for flush toilets, toilets and other products. What do you think about this?
Answer
A trademark is the beginning of people’s understanding of a product or a company. Choosing a good trademark for the product is indeed very important. A good trademark can impress people, but competing for the name of cultural relics and registering it as a product trademark is likely to have an adverse impact on cultural relics. Therefore, we should be particularly cautious about cultural relics trademarks.
Cultural relics have been trademarked frequently in recent years. Yuelu Academy was registered as a tobacco trademark, Xi'an Terracotta Warriors and Horses were registered as a toilet trademark, Henan Museum's treasure "Lotus and Crane Square Pot" was registered as an alcoholic trademark, and "Ming Xiaoling" and other trademarks were registered and auctioned by a manufacturing company in Hangzhou , Zhejiang's "Shili Hongzhuang" trademark also had a 7-year dispute... The rush registration of these cultural relic trademarks caused a lot of controversy. However, the Trademark Law protects the trademark holder’s exclusive rights to its registered trademark. In addition, it also enjoys the right of prohibition – that is, it can prohibit other units and individuals from using the same or registered trademark without permission. Rights to similar trademarks. There are no restrictions on the registration of cultural relics trademarks. The "Cultural Relics Protection Law of the People's Republic of China" and the "Implementation Regulations of the Cultural Relics Protection Law of the People's Republic of China" also have no relevant provisions, which also gives some people the opportunity to Can be multiplied. Cultural relics trademarks are different from ordinary corporate trademarks in their uniqueness. Cultural relics trademarks are used wantonly. On the one hand, they turn cultural relics and monuments into profit-making tools for businesses; on the other hand, when they are registered as inappropriate product trademarks, they will It will be very detrimental to the cultural dissemination and educational functions of cultural relics and monuments, and will also have a very negative impact on their artistic charm and market value.
Therefore, the issue of cultural relic trademarks cannot be ignored and needs to be resolved urgently. First of all, government departments should start to improve relevant laws such as trademark law and copyright law to prevent loopholes for some businesses to exploit; secondly, they can establish cultural relics trademark management and service organizations to uniformly register cultural relics trademark information and eliminate cultural relics trademarks at the source. The phenomenon of being preemptively registered; thirdly, the rights of cultural relics trademarks that have been preemptively registered must be protected in accordance with the law; finally, industries such as cultural relics museums should also strengthen awareness of cultural relics intellectual property rights and legal awareness, and the corresponding cultural relics bureaus and museums should better develop and utilize cultural relics. rights and interests.