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Research On The Dilution Of Well-Known Trademark

Posted on:2005-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiuFull Text:PDF
GTID:2156360125969308Subject:Law
Abstract/Summary:PDF Full Text Request
The well-known trademark plays an important role in the activity of the market economic, meanwhile, the infringement of well-known trademark is very serious, too. Among them, the dilution behavior of the well-known trademark, is a kind of behavior of destroying the inherent value of well-known trademark seriously. The issues ?my dissertation tends to solve include seeking the legal structure with the correct understanding, offering special protection to the well-known trademark, perfecting the protection by law of the well-known trademark, and promoting the practice of the judicial protection of the well-known trademark.My dissertation carries on the summary to the dilution behavior of the well-known trademark at first. Here, I aim at the general grasping of the dilution by way of introduction of the concept, the characteristic, the nature, the expressing form and the manifestation in practice. Then, I discuss the theory of dilution by means of the historic recourse, the social background, jurisprudence, economics, etc., hoping to find the theoretical foundation on which the dilution theory protests the well-known trademark. Since dilution behavior is some of encroaching on the trademark severely, it's necessary to post legal structure on it. The 3rd part concentrates upon the issues that concerns legal structure of the dilution according to the logic order from the necessity, the premise and the specific methods, which goes in 3 directions of the social consequence, law-asserting and legal relief. Studying the dilution question of the well-known trademark has to pay close attention tp such a fact: the swiftly and violent development of modern science and technology, especially network technology, has the enormous impact on the traditional legal system.Therefore, in the last part the judicial countermeasure is to be put forward to the dilution behavior of the well-known trademark under the circumstance of network, through analyzing the expressing form and its uniqueness, so as to ensure that the well-known trademark can be well protected thoroughly.
Keywords/Search Tags:The well-known trademark, The dilution behavior, The theory of dilution, Legal structure
PDF Full Text Request
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