Constructing The Special Protection System Of Well-known Trademarks

The phrase of "Well-known mark" comes from the Paris Convention. China's definition of it goes like "well-known to related people in China and with high reputation".TRIPS expands the protection scope of well-known trademarks to service marks. Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks gives further detailed stipulation on determination and protection.China has a primary protection system of well-known trademarks, which still needs further perfection. Theories on confusion and anti-dilution shall be the basic theories for constructing China's special protection system of well-known trademarks. In this system, Trademark Law shall play the key role and Anti-unfair Competition Law shall be the supplement.The following shall be added to Trademark Law: adding anti-dilution protection to well-known trademarks; expanding the law on well-known trademarks to internet domain names; prohibiting the conflict between business signs except enterprise name with well-known trademarks; setting up the system of joint and defensive Register of trademarks; strengthening the strike on infringements of well-known trademarks; clarifying the supplement role of the Anti-unfair Competition Law.Anti-unfair Competition Law also needs some more clauses: adding protection system of putting down reverse passing off; adding anti-dilution protection to unregistered well-known trademarks; prohibiting use of signs similar to well-known trademarks; adding a general protection clause of well-known trademarks.