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隐性市场是指一些企业不向体育赛事等重大活动的主办方支付赞助费用,却通过各种营销努力,将自己的产品或品牌与这些重大活动建立起某种联系的行为。活动主办方为保护赞助商利益,不断推动立法改革,采取格式合同,甚至通过行政手段、行业自律、舆论谴责等方式来反击隐性市场。其结果是极大地扩张了重大活动的知识产权保护范围,限缩了公共领域的范围,并造成公共信息被占有、使用自由被限制、商业竞争被束缚、消费者权利被牺牲等后果。反隐性市场应当在重大活动的知识产权保护与公共领域保留之间保持利益平衡。
Recessive market refers to some enterprises do not pay sponsorship fees to organizers of major events such as sports events, but through a variety of marketing efforts, their products or brands and these major activities to establish a link between behavior. Event sponsor to protect the interests of sponsors, and constantly promote legislative reform, to take the form of contracts, and even through administrative means, industry self-regulation, public opinion denounced the hidden market and other means. As a result, the scope of intellectual property protection for major events has been greatly expanded, the scope of the public sphere has been narrowed, the consequences of possession of public information, restriction of freedom of use, restriction of commercial competition and loss of consumer rights have resulted. Anti-recessive markets should maintain a balance of interests between the protection of intellectual property in major events and the reservation in the public domain.