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随着市场经济的发展和我国加入WTO以来,驰名商号所彰显的社会价值和经济价值已越来越重要。发达国家和地区关于驰商号的保护均作出了较为详细的规定,已形成较为完善的商号保护体系。我国浙江省于2007年也正式实施《浙江省企业商号管理和保护规定》,其具体规定了驰名商号的认定标准、认定机关及相关的法律保护措施等,但地方性法规所受到的局限性亦不可忽视。我国目前关于驰名商号的法律法规较少,存在严重空白,因此驰名商号的侵权纠纷案件此起彼伏,立法机关、执法机关、司法机关已面临严峻的考验。为有效避免此类事件的发生,首当其冲的立法机关应完善我国目前关于驰名商号的立法体系,给予其特殊保护,彰显其价值。
With the development of market economy and China’s accession to the WTO, the social value and economic value demonstrated by well-known firms have become more and more important. Developed countries and regions on the protection of Chi have made more detailed provisions, has formed a relatively perfect system of commercial protection. Zhejiang Province in China also formally implemented the “Regulation on the Administration and Protection of Enterprise Names in Zhejiang Province” in 2007, which stipulated the standards for the recognition of well-known firms, the authorities and relevant legal protection measures, etc. However, the limitations imposed by local laws and regulations Can not be ignored. At present, there are few laws and regulations on the well-known firms in our country. There are serious gaps in the laws and regulations in our country. As a result, infringement disputes among well-known firms have come one after another. The legislature, the law enforcement agencies and the judiciary have been facing severe challenges. In order to effectively avoid such incidents, the first legislature should improve the current legislative system of well-known firms in our country, give it special protection and highlight its value.