中国驰名商标上的生物多样性保护问题探讨

Abstract

Biodiversity issues involved in trademark protection will become the focus of the public. biological trademark is delineated as trademark using biological images or biological graphics. The relevant species are called trademark species.As trademark is often regarded as a commodity,an intangible asset,an intellectual property,the cultural value,aesthetic value and communication value of trademark species,especially for famous trademarks,can bring excess fictitious labor value. During 2002 to 2011,China's GDP has rose to the second in the world,at the same time,the quantity of famous trademarks in five coastal provinces whose reputed trademarks rank top five in China,has grown increases exponentially.During the ten years,China has recognized 2766 well-known trademarks,including 274 biological trademarks,about 10%of the total number. About 201 trademark involved in can be classified according to biological groups,in which plant biological trademarks are 83,including conceptual plant,animal biological trademarks are 118,including conceptual animals,cultural conceptual species are108; in trademark species,there are 42 plants,51 animals; cultural conceptual plants are 41,and cultural conceptual animals are 67. In Chinese well-known trademark species,the national key protected wild plants account for 2. 03%; the national key protected wild animals account for 4. 99%. Supposing that biological brand enterprises realized the biodiversity conciseness and social deputes in trademark protection,and took actions,theywould make a great contribution to strengthening society's attention,promoting biodiversity conservation and construction of ecological civilization.