【摘要】 名胜古迹名称与普通名称相比具有很大商业价值,是宝贵的无形财产;名胜古迹名称应当归名胜古迹单位所有。抢注名胜古迹名称行为是一种侵权行为。名胜古迹单位应利用商标法等法律法规,通过异议程序撤销被抢注商标或通过协商实现收购、共有或许可使用;未被抢注的应尽快通过注册商标、认定驰名商标等手段,加强对名胜古迹名称无形财产权的法律保护。解决问题的根本途径还是从限制商标注册范围、认定所有名胜古迹名称为驰名商标等方面修订、完善现行商标法律制度。更多还原

【Abstract】 Compared with other common names, the names of scenic spots and historical sites are of great potential commercial value and are precious invisible property; the ownership of these names should go to their management unites. Rush registering names of scenic spots and historical sites is an illegal action. When faced with this problem, their management units should turn to Brand Law and other relevant laws for help or acts and ask that the registered brand should be canceled , or should be purchased, or should be shared. For those free from this problem, they’d better register the names as famous brands or have them proved as famous brands to acquire the legal protection of these invisible property. The key to the solution of this problem should start with revising and perfecting the present brand law system by limiting the registration scale of brands and proving that the names of some scenic spots and historical sites belong to famous brands.更多还原