Jiangxi is new open a court session of court of intermediate people of more than city tried Tsinghua university to accuse authority of 3 trade mark right such as nursery school of Tsinghua of wood of water of district of water of this city change are belonged to, case of tort dispute series. Occupy media coverage additionally, because be contained in nursery school name " Tsinghua " 2 words, tsinghua university saves nursery school of Tsinghua of county of city of a unit of dry measure for grain of city of another name for Jiangxi Province to mention to Jiangxi civil suit.
Look suddenly under, probably somebody can feel Tsinghua university regards home as top name school, big old far run to Jiangxi to sue a few nursery school, have fussily ill will rather. But encroach the school trade mark right, banner that making renown officer to undertake commercial activity, be bagatelle? The answer is negative apparently. If behavior of tort of these a few nursery school belongs to forensic terminal decision solid, according to " trademark law " " oppose unfair competition law " , experience work nursery school must stop tort action and accept corresponding punishment.
This matter caused media and netizen to pay close attention to higher a few days ago, result from the renown school effect of Tsinghua university admittedly on one hand, because this kind of phenomenon is not scarce,be on the other hand. Many netizens mirror no less than, hitting " Tsinghua " " Beijing University " " Ha Fo " " Cambridge " " Oxford " the of all kinds education of banner of school waiting for a name grooms the orgnaization is in a lot of places of domestic to exist, and see for how with orgnaization of run by the local people. bedding face of this kind of phenomenon accumulates existence, it is tort behavior a lot of, relevant name school cannot one by one thought fors the time being; 2 it is the acknowledge to trade mark right shows many renown school itself and the orgnaization that are suspected of tort to be not worth badly, consciousness of intellectual property protection is relatively thin.
Middle and primary school sends the ground more into brand tort, produce school name the earliest to be grabbed to note, tort phenomenon more is centered in a few famous colleges, "Beijing University Founder " , " Tsinghua violet light " these brands because of " loiter name school " and extremely red temporarily. In recent years, the brand of our country famous school is grabbed to note, the example of tort happens time and again. Two landed companies were used 2013 " Beijing University attached middle school " propagandist building dish, make the public thinks Beijing University attached middle school and this two landed companies are in by accident not renown 1898 buildings dish the existence in development teachs collaboration. Industrial and commercial bureau also investigated Shanghai two cases to take Fudan University to arrange the tort case of the windmill 2010, tort just is in did not obtain Fudan University to permit a circumstance to fall, graph of the school name that used Fudan University in the data that sends out external and network conduct propaganda, school badge and relevant school square language, undertook false conduct propaganda to force of persons qualified to teach.
This matter is not a case, media undertook investigating to this kinds of incident, discover besides Tsinghua university, the college such as university of college of Shanghai grain industry, Chinese people university, Chinese drug family is crossed by loiter " fame " with brand.
2013, two landed companies are used " Beijing University attached middle school " propagandist building dish, make the public thinks company of Beijing University attached middle school and this two estate is in by accident " not renown 1898 " building dish the existence in development teachs collaboration. Shanghai was versed in management board of commercial firm politics investigated the tort case that takes Fudan University to arrange the windmill two cases 2010, tort just is in did not obtain Fudan University to permit a circumstance to fall, graph of the school name that used Fudan University in the data that sends out external and network conduct propaganda, school badge and relevant school square language, undertook false conduct propaganda to force of persons qualified to teach.
Actually besides brand, the Chinese and English full name of the college, abbreviation, school badge, the location of a school, well-known building, tourist attraction protection category that belongs to intellectual property, the intellectual property that strengthens oneself only protects consciousness, do ability of position of good intellectual property to prevent occurrence tort situation ahead of schedule, had made overall arrangement ahead of schedule in university of this respect Tsinghua.
According to statistic, at present Tsinghua university registered more than 300 trademark. Among them, began application 1997 " Tsinghua " brand, registered 34 categories for its. Besides " Tsinghua " brand, still applied for to register wool form " Tsinghua " , wool body " Tsinghua university " , " TSINGHUA " , " water Mu Qinghua " , " Tsinghua garden " , " Tsinghua university school badge " , " Tsinghua Zhong Xing design " , .
But it is so good that the intellectual property layout of some schools is done so that do not resemble Tsinghua university.
For example, 2016, college of Shanghai grain industry sues inroad of Shanghai river company its did not register celebrated trade mark right, but lose a lawsuit finally. The reason is Shanghai grain industry college just mentioned 2016 right " Shanghai river university " the application that waits for brand, and Shanghai river company applied for 2006 " Shanghai river " brand, be in be registered by approve subsequently.
Still Chinese people university applied for his school badge brand in January 2003, and brand registered a success in June 2004, special time reachs trade mark June 2014. But later Chinese people university is expended without add, bring about 2016, with design of school badge of Chinese people university similar figure is grabbed to note a success by a company.
See above case, what the college wants special attention on brand is: As soon as possible applies for and register; Brand is terminable want seasonable add fee; Much layout, all-around the rights and interests that protects oneself. Probably the intellectual property that we can draw lessons from foreign college protects a system.
Foreign college builds intellectual property to protect a system to just not be on guard tort, more brand value that are play school.
For example, british Oxford is registered at waiting for its school name 1993 for brand, permit a business organization to use its registered trade mark, average and annual gain profit 70 much dollars.
Serve as culture and science and technology get together dot, besides high-tech company, renown school is accepted more easily by public place, but because consciousness of intellectual property protection is not strong, the unit that makes renown school is far from the market this also became the target of intellectual property dispute. Renown school because of oneself distinctive " fame " be used very easily by other, more because " fame " the value that increased intellectual property, but a lot of colleges have high value and do not know, go up in intellectual property layout so, the college should be on guard in time.
Intellectual property is not exclusive the company place that has commercial act and operation is particular, although not be place of courtyard of the institution of the purpose, scientific research in order to seek profits, cannot leave trade mark right as much. To Tsinghua, Beijing University such large and advanced institution of higher learning, orgnaization of the research organization of under one's name, education is numerous, brand is broken the law to abuse embezzle, cause huge loss easily to the brand image of oneself, accordingly very be necessary to undertake protection and early-warning thought for the time being knowing in the round to produce.
