Research On The Judicial Cognizance Of Well-Known Trademark In Our Country

The well-known trademark is not a special trademark in trademark law, the accreditation program of well-known trademark starts goby application only when trademark needs special protection. Out of the special protection of the well-known trademark, the Systems of judicial cognizance of well-known trademark get clear law in 2001. The number of well-known trademark that through the courts increases Constantly, In 2001, there are two, but In the first half of 2008, there are 250. The number has risen sharply, that reflected many Institutional defects, the judicial cognizance of well-known trademark has seriously deviate the original purpose of system design. Facing the situation of false action flooding, how much value surplus of well-known trademark, and where to go of the judicial cognizance of well-known trademark, it is a problem worthy of our thought. From the perspective of the law discriminate, using the method unifying the real diagnosis analysis and comparative analysis, this article has three parts to research the judicial cognizance of well-known trademark in our country, try to adjust distortions of this system, to put back in its box.The first part is to introduce the international mode of cognizance and international standard of the well-known trademark. Based on the comparative analysis, China should compromise administrative cognizance and judicial cognizance, but the judicial cognizance should be the final examination and appraisal authorities. According to the status of non-uniform of standards, can learn the Quantity standard of Germany and France, to make the cognizance results more dispassionate by the way of opinion survey. Article focus on the second, and the third part , through combining case and data, to analyse the status of judicial cognizance of well-known trademark in our country, And then puts forward some countermeasures. The situation of judicial cognizance of well-known trademark primarily to the following issues in practice: The trademark protection dispute that is triggered by the domain name infringement occurred warping, false action flooding; the scope of protection beyond category on well-known trademark is defined unclearly, exist the condition of absolute protection; for the unregistered trademarks, if the court has the right to cognizant still without unity, and the criteria for recognition is used rather loosely. About the standard of well-known trademark, the legal rules don't have enough maneuverability because of excessive principle, that lead to the emergence of many problems: still lack of understanding about absolute distinctiveness of trademark; definitions of the concerned public is not clear, the scope of cognizance is non-uniform; the categories and yardstick of evidence, hold in practice differ; and wronged the reputation as a factor that must be taken into account on recognizing well-known trademarks. According to all sorts of alienation phenomena of judicial cognizance of well-known trademark system, the law imperfectly, The government's poor guide, and the profit-driven of actor are the primary cause. Perfecting the system of judicial cognizance of well-known trademark, we should start form some flaws in our laws and legal system itself, strict the principle of judicial cognizance well-known trademark, unify standard, standardize accreditation Program; Further adjust related laws, standardize the use and publicity of well-known trademark, and strengthen the legal regulation of the false action.