On Legal Protection Of Well-known Trademark

The legal protection of well-known trademark is a key issue in the field of internation intellectual property . As to the protection of well-known trademark, international legislation expands the scope ,and many countries legislate one after another for special protection. Influenced by different tradition of history and culture,legal opinions and development of society and economy .It is different in determination and protection of well-known trademark .However ,with the integrity of world economy ,the legistation of different countries has the tendency of similiarity.The thesis analyzes the basic theory of well-known trademark legislation in China and other countries,and judicial practice ,in ways of positivism analysis,comparison analysis, and interest balance ,trying to construct the theory system of well-known trademark protection, which is progressive and conform to our concret situation.The thesis consists of four chapters .Chapter one mainly illustrates the basic theory including the connotation of well-known trademark ,determiner ,method, standard and effect of defining well-known trademark ,as well as the value and meaningfulness of its protection .Chapter two illustrates several theory bases of protection of well-known trademark .Through comparing with their difference ,advantage and disvantage of them ,the thesis indicates that constructing the theory of anti-dillution is a tendency of international legislation of well-known trademark protection at present. Chapter three covers the history of international legislation and in-land legislation development of well-known trademark ,and introduces the judicial practice of protection of trademark.Chapter four analyzes advancement and fall-behind of the relevant legislation in aspact of well-known trademark protection ,and at last puts forward some proposals to perfect the relevant legislation.