Researches On The Judicially Adjudicatcd Issues Concerning The Infringement Of Tredemarks

1. The purpose and the meaning of the topicThe trademark disputes accepted by people's court have been increasing year after year, along with China's entry into WTO and rapid development of economy in China. I have been working on the trials regarding to intellectual property right for many years, and most of cases I dealt with are trademark dispute cases. For the purpose of improving the quality of my judgment, I pick this topic based on my working experience. From the perspective of trial practice, this thesis focuses on trademark disputes in terms of the judgment standard, determination criterion, main methods and applied principal in the judicial practice.2. The structure of this thesisThis thesis is divided into six parts. The first part is the preface, which describes the reason to research on the issue of the judgment in trademark dispute; the second part describes the determination of similar trademark and commodity; the third part discusses the conflict between the trademark right and other intellectual property rights, as well as the method to deal with the conflict; the fourth part describes the compensation standard of the trademark disputes; the fifth part describes determination standard of well-known trademark and special protection to well-known trademark in China; and the sixth part is the ending, which describes my gain from the research on above issues, and the way to improve my working performance in future.3. Main viewpointsThis thesis primarily focuses on four issues in relation to trademark disputes. Firstly, this thesis discusses the definition and the determination standard of similar trademark and commodity. People's court shall determine the similar trademark from the perspective and viewpoint of general consumers, and take consideration that whether or not two identifications confuse the general public. The specific methods for such determination are isolated observation, entire observation, and the observation on major part. This part also mentions the definition to several similar trademarks, and the specific determination standard applied by people's court to determine similar commodity.Secondly, this thesis states the conflicts between trademark right and other intellectual property rights, as well as the method to deal with the conflicts, which happen often in judicial practice. This part analyzes the cause of above conflicts, and basic principals to settle such conflicts. Meanwhile, this part also explain the cause, the form and determination standard of the conflicts among trademark right, patent right, copyright, the special name right of well-known commodity and enterprise name right, respectively, as well as the methods and principals to deal with such conflicts.Thirdly, this thesis states several compensation standards in relation to trademark dispute cases. Based on current related law and judicial interpretation, three specific methods applied by people's court to determine trademark dispute cases have been explained in the part, as well as the analyze to the determination of reasonable expenditure.Fourthly, this thesis states the connotation of well-known trademark, and the methods and standards applied by people's court to determine well-known trademark. Meanwhile, this part also mentions special protection to well-known trademark in China, and discussion to important matters in trial practice.4. Research methodThis thesis combines the academic research and trial practice. Not onlyacademic research on main issues of trademark disputes, but also the related matters of trial practice have-been discussed in this thesis. At the same time, relevant cases in practice have been cited to explain the viewpoints in this thesis.