Comparative Study On The Protection Of Well-known Trademarks Between China And Vietnam

Intellectual property protection is a prominent issue in the legal protection of famous trademarks around the world. There is a global concern on how to protect the well-known trademarks in the future development of trademark law. Vietnam started late in the well-known trademark protection in legislation has encountered some difficult problems. In comparison, China has twenty years of experience in the well-known trademark protection, though not long, but well-known trademark protection in China is relatively complete, and Vietnam can learn from.This paper use the method of comparation, analysis to compare the protection of well-known trademarks between China and Vietnam.There are three parts in the main body of this paper.focusing on reviewing and comparing well-known trademark protection in specific aspects of the system, from that find out from China form which Vietnam can learn from.The first part of the paper focuses on reviewing the obtain of well-known trademark rights between China and Vietnam.This part examines the components,determine factors.determine machinery of well-known trademarks between two countries. We know that the protection of well-known trademarks in China and Vietnam have been more complete than before.Both countries require well-known trademarks should be well-known.do not need to be registered, well-known scope in each country territory.Both countries has two machinery to determine well-known trademarks,which is administrative machinery and judicial organ. The factors in determining well-known trademarks in China are closer to international conventions,containing the factor of continuous publicize that Vietnam does not talk about.The second part compares the protection of well-known trademarks between China and Vietnam.This part compares in the aspects of exercise and remedy in well-known trademark rights.These aspects in China legal provisions are more complete than Vietnam.Both countries give protection to well-known trademarks which are not registered.The protection of registered well-known trademarks going beyond one class in China has approached two conditions of beyond one class protection.That is the dilution of trademark distinguish ability and damage well-known trademark owners interest in trademark-dilution theory.In this aspect,Vietnam just set provisions on the base of the distinguish ability of common trademark.The third part from the above two parts reviewing and comparing the well-known trademark protection between China and Vietnam find out the problems of the well-known trademark protection system in Vietnam and put forward legislative proposals. Vietnam's trademark law lists eight factors in determining well-known trademarks.But these factors are not in detail,some of them not conform to international conventions. The protection of well-known trademarks going beyond one class has not approached the trademark-dilution theory spirit.The provisions of legal liability still weak.In general,the purpose of this article is to examine and comparethe basic aspects of the protection of well-known trademarks between China and Vietnam. From that provide some useful suggestions to help Vietnam improve its legislation in well-known trademark protection.