Whether the Trademark System Exists in Ancient Times
[Purposes]Whether there is a trademark system in ancient China is an important issue in the history of trademark law,which relates to the origin of modern trademark law and the interpretation of commercial signs in ancient China.[Methods]In this paper,the above problems were divided into whether there is a modern meaning of trademark use practice and whether there is a modern meaning of trademark protection practice in ancient China,and the phenomenon of ancient commercial signs in China was analyzed by using the multi-case study method.[Findings]In Tang and Song dynasties,the collapse of the classical market system and the evolution of the rules of fake and shoddy goods gave birth to the ancient trademark practice.The operators'practice of self-protection of commercial signs high-lights their profound trademark awareness,and the case protection provided by the government conforms to the basic spirit of modern trademark law.[Conclusions]Caving names on the manufacture is not a sign of the embryo of trademark system in ancient China.The superposition of the government's legal policy of valuing the criminal punishment over the civil protection and the function alienation of guilds led to the inability to produce systematic trademark law rules in ancient China.However,the trademark con-sciousness existing in the merchant class enabled the people to quickly accept the modern trademark law system introduced from overseas.
caving names on the manufacturecommodities abuseself-protectiongovernment protection
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