| The legal protection of well-know trademark is a key issue in the field of international intellectual property. The thesis uses substantial evidence to analyze and compare, to figure out the problems and to give some advice. The thesis consists of three parts: the preface, the text and the conclusion.The preface discusses the importance of protection of well-know trademarks, and gives a brief introduction of the origins, development and current situation of the laws of well-know trademarks and the necessity of studying legal protection of well-know trademarks.The text consists of the following four parts:I. The brief account of well-know trademarks. There is no united definition of well-know trademarks. The thesis introduces the definitions of some related international provisions and of the laws and scholars of our country. The thesis also compares well-know trademarks with some related concepts. The thesis then gives a clear explanation of the affirmation of well-know trademarks, i. The authority to affirm a well-know trademark is the administrative departments to manage trademarks and the courts, ii. The affirmative pattern changed from "initiative affirmation" to "passive affirmation".iii. Section 14 of The Trademark of the People's Republic of China prescribes the five factors to be considered when affirming well-know trademarks. iv. The affirmation of trademark is only effective to a given case, and it also can be used as a record of being protected as a well-know trademark.II. The special protection prescribed by related international provisions. The Section 6 (2) of Paris Convention sets out rather perfect protection of well-know trademarks, but it has the limits on only the... |
