民国时期上海商标诉讼案透视

民国时期,上海工商界的商标纠纷案非常突出,商标诉讼案的多级、多次现象日见增多。但具体透视这些案例,又有许多特殊现象,即商标诉讼的社会性明显,华人应诉案多,且多为败诉。这种现象一方面反映了帝国主义对华经济侵略的新形式,另一方面也表现了国人法律意识的薄弱。同时,政府偏袒外商的倾向也不容忽视。这些纠纷案例,也给我们留下了许多深思。

Insight into litigation cases of trademark in Shanghai in the Period of the Republic of China

During the period of the Republic of China, the disputes caused by trademark were very serious in the society of industrialists and businessmen in Shanghai. But if we examine these cases, we will find some special particularities, such as, the obvious social characteristics of some litigation cases of trademark, and more Chinese subjected to the lawsuits and few winning. This reflects that the imperialism's economy aggression emerged new forms, and law consciousness of our countrymen was lower. Meanwhile, the inclination to give unprincipled protection to the foreign businessmen of the government official was also a factor which should not be ignored. These lawsuits do give us many reflections.