On Special Protection Of Well-known Trademark

Opposite to the protection of common trademark, special, protection of well-known trademark requires high-level protection, which is not confined to the protective principles and measures adopted by common trademark. Well-known trademark is more likely the target of passing off and unfair competition due to the commercial value and super profit-making ability it possesses. Therefore, it is very necessary to establish the system for protection of well-known trademark.The protection of well-known trademark was put forward by the Paris Convention ?and extended by TRIPS. Since then, it has been developing rapidly. However, common understanding hasn't been reached so far regarding such basic and important issues as the definition, confirmation standard and protective measures of well-known trademark. The complication of the special system for protection of well-known trademark is made evident here. Therefore, it is of necessity to have a theoretical study on this issue.This dissertation first surveys the international legislative practices of well-known trademark protection and discusses the significance of such protection; By comparative studies on different modes of confirmation, the second part tries to seek a mode that takes in everything reasonable; The third part probes into the concrete system design for special protection of well-known trademark; The resolution of conflicts of rights concerning well-known trademark is the main task of the final part.This dissertation will help people have a deeper understanding of the importance and necessity for protection of well-known trademark, and also the urgency for carrying forward the trademark strategy under circumstance of market economy. With the coming of knowledge, economy, international exchange and cooperation in fields ofintellectual property will be strengthened, and as a consequence, the special system for protection of well-known trademark will be further improved.