What is the principle of prior rights for the identification and protection of well-known goods?

Well-known products are often products recognized by society as having a good reputation. Such products play a certain role in promoting social development. Therefore, once such products are recognized, they will have a certain degree of legal help. Below, the editor of Legal Savior Network has compiled for you relevant information on the identification of well-known commodities and the principle of protection of prior rights. For everyone to read, I hope it will be helpful to everyone.

What is the principle of identification and protection of prior rights for well-known goods

Criteria for confirming well-known trademarks:

There are two main criteria for whether a product is a "well-known product" ：

Well-known goods should refer to "on the market Products that have a certain degree of popularity and are known to the relevant public." The standard proposed here is actually a very abstract and principled standard. How to specifically identify "having a certain degree of popularity in the market and being known to the relevant public" requires specific consideration based on the legislative spirit, principles and actual situation.

The name, packaging, and decoration of the product have been used by others without authorization If the same or similar use is enough to cause buyers to misunderstand the goods, the goods can be regarded as well-known goods. As long as there is unauthorized use, the product can be deemed to be a well-known product. This is a simple, easy and very specific objective standard. In this case, the goods involved produced by the defendant are similar to the plaintiff's products in terms of name, packaging, etc., and are produced in the same place in Qufu City, which is enough to cause misunderstanding among buyers. According to this standard, the plaintiff's goods can be recognized as well-known goods.

Laws protecting the principle of prioritization Be applicable.

The unique packaging and decoration of well-known products are "anti- It is an important right protected by the Unfair Competition Law and should be recognized and protected in accordance with the first-to-use principle. The design for which a patent right is granted shall be different from and similar to the design that has been publicly published in domestic and foreign publications or publicly used domestically before the filing date, and shall not conflict with the legal rights previously obtained by others. At the same time, Articles 15 and 16 of the Supreme People's Court's "Several Provisions on the Application of Legal Issues in the Trial of Patent Dispute Cases" stipulate that if a patent infringement dispute case accepted by the People's Court involves a conflict of rights, the parties who have previously enjoyed the rights in accordance with the law shall be protected. legitimate rights and interests.

Article 23 of the Patent Law The previously acquired legal rights include: trademark rights, copyrights, company name rights, portrait rights, the right to use unique packaging or decoration of well-known products, etc.

The principle of prior rights for well-known products is also a policy It is an encouragement system that provides certain preferential treatment to excellent and well-known products, which can also increase the enthusiasm of corresponding enterprises for development. If you have any other questions, please feel free to consult online.