Legal Cases Studies On The International Protection Of Well-Known Trademark

Well-known trademarks have become a hotspot problem in intellectual Properties' international protection field again since 1990s in the 20lh century. Because of the irresistibly international trend of well-known trademarks itself, and the great opportunities and challenges that will be brought by China' entering the WTO, we are required to pay great attention to well-known trademarks' protection especially to enhance China' macrooconomic level and integrated competitive strength. The wri ter starts wi th discussion on well-known trademarks, namely, the concept, characters, and important conditions of compositions of well-known trade marks are clarified at first. Then that the factors and classifications that should be considered on well-known trademarks' cognizance organization, cognizance methods and cognizance bases are clarified. Thus the necessity to protect well-known trademarks are pointed out. Through the summarization on provisions of well-known trademarks' protection of two internationally famous conventions_ Paris Convention and Agreements about Knowledge Properties Related to Trades Including Fakes (draft) (being called TRIPS Agreements for short) and analysis from two points of view of international protection and domestic protection, some considerations such as the integrative trend problems, weakening regionally problem, restricting problem and evaluating problems are put forward. At the same time , combining China' situation, aiming at existing problems in China' wel1-known trademarks' protection, extending the protective scope of well-known trademarks and perfecting its protect i ve method are brought forward Curt her-. Namely the protective scope of well-known trademarks should be enlargedto domain names and "the second meanings " trademarks, a system of we I 1-known trademarks anti-weakening, a protection system and united trademarks, and defensive trademarks establ ished. In practice of well-known trademarks the work of rinti-forestal1 ing to register should be enhanced, and rights of assignment, rights of authorizing the use be strictly restricted. The requirements of international protection should be met as soon as possible and qualifications be created to lead a judicial review system into cognizance and protection of well-known trademarks. Thus a good legal environment will be founded for China to carry out a famous brand strategy that takes creating well-known trademarks and protecting well-known trademarks as its main contents.