Discussion Of Judicial Recognition About Well-known Marks

The people's court is given the authority to judicial recognizing about the well-known mark since July,2001. The well-known mark recognition then forms dual pattern of being coexistence with the judiciary. It plays a gigantic pushing role in protecting the well-known mark., it already has 9 years up to now. But that they have a lot of leaks in currently legal system. Such as:Be short of standard procedure and specific valuation standard, etc. It makes the well-known mark is seriously dissimilated as the honorary title, under the enormous advertisement effect and economy benefit urging, many enterprises in order to achieve the commercial purpose of recognizing the well-known trademark, they even make the false tort law case. A lot of unheard-of brand "is become famous" without exception by one night; it is widespread and nearly uncurbed everywhere. Judicial mark recognition is regarded as a commercial game that each person takes their needed. It seriously deviated from the legislation original intention. It should be castigated by society. Therefore, in order to cutting down and avoiding abusing, establishing a set of unification, science, justice, perfect well-known mark of judicial recognition system, it is the urgent mission which of facing to build the legal society in our country. The main body of this article will start with the legislation protection original intention of the well-known mark and the principle of judiciary recognition, and deep analyses the essence that hidden behind all kinds of problem in current judicial recognition. Finally, we have brought forward some suggestion on perfecting our country well-known mark judicial recognition system.