論企業名稱的競爭法保護

ON PROTECTION OF THE ENTERPRISE NAME UNDER THE ANTI-UNFAIR COMPETITION LAW: STUDY OF NO. 29 GUIDING CASE ISSUED BY THE SUPREME PEOPLE'S COURT OF CHINA

Article 5.3 of the Law of the People's Republic of China for Anti-unfair Competition (the Anti-unfair Competition Law) provides that 'using, without authorization, the enterprise names or personal names of others on their own goods, leading purchasers to mistake them for the goods of others' constitutes acts of unfair competition. In accordance with Provisions on Administration of Enterprise Name Registration and Measures for the Implementation of Administration of Enterprise Name Registration, an enterprise name consists of 4 components, including the administrative area, the shop name (字號), trade or business operation characteristics and organizational form. 'Usually there are 2 ways to use presumptuously the enterprise names or personal names of others: (1) using, without authorization, the enterprise names or personal names of others; (2) using the enterprise names or personal names of others beyond the scope or methods authorized though with authorization, or illegally authorizing to use the enterprise names or personal names of others.' Therefore, what the actor uses without authorization should be the whole enterprise name of the others (that is, the enterprise name consisting of 4 components). If what the actor uses only part of the enterprise name (e.g.: shop name) or even abbreviation, such act does not constitute an act of unfair competition.