There is a view that trademark belongs to intellectual property not because it is an intellectual achievement, but because it belongs to a commercial symbol, that is, all rights under the guidance of intellectual property do not come from the world of knowledge, nor do they all come from the fruits of intellectual labor. From the source of rights, it is composed of creative knowledge, business logo and reputation.
There are three reasons to support this view:
First, the report of the Tokyo Congress of the International Association for the Protection of Industrial Property 1992 divides intellectual property rights into "the right of creative achievements" and "the right of identification marks", including trademark rights, trade name rights and other identification mark rights related to stopping unfair competition.
Second, the US Supreme Court 19 18 pointed out in a judgment: "Trademark rights are rarely similar to copyright and patent rights set by statute law. There is no such thing as trademark ownership except as a subsidiary right of an existing enterprise. The Trademark Law is only a part of the Anti-Unfair Competition Law. Its function is only to show that the product is a businessman's product, protect his goodwill, and deal with selling another person's product as his product. "
Third, as far as the complex connotation of trademarks is concerned, it can never be simply attributed to intellectual achievements. Trademarks are examples of non-intellectual achievements protected by intellectual property law. Trademark is mainly a symbol of goodwill and a combination of a series of intellectual and physical activities such as product production, management and service. At the same time, trademarks are not only a symbol of goodwill, but also include special purchase channels, good customer relations, people's psychological cognition and other favorable conditions for businesses. Generally speaking, it will bring a dominant position in competition, which is usually related to people's recognition. Therefore, the connotation of a trademark is very complicated, and it can't just be attributed to intellectual achievements.
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