Comparison On The Determination And Protection Of The Well-known Trademark

As the development of the international trade, the determination and protection of the well-known trademark has become a hot problem in the International Economic Law. So many countries set similar but different provisions on this matter basing on their own economic interests. Since our country joined the World Trade Organization(WTO), it has also taken steps to amend the determinative procedure and strengthen the protection of the well-known trademark. Nevertheless, according to the insufficiency of the relative laws'regulations on this matter, the measure of practice is a bit inconsistent. Starting from the angle of the International Intellectual Property Law, the author uses the methods of comparison and practical analysis to compare the provisions on the well-known trademark in the international treaties and national laws (including American, British, French, Germany, Japanese and so on) with the relative regulations in our law. The author points out the insufficiency in the legislation and practice of our country on this matter and brings forward practical judicial suggestions.Chapter one concerns the definition of the well-known trademark. In this chapter, the author firstly compares and analyses the definition of the well-known trademark in Paris Convention, Trade-Related Aspects of Intellectual Property Rights (TRIPS), Joint Recommendation Concerning Provisions on the Protection of Well-known Marks, and some countries (including China)'regulations. Secondly, the author discusses the difference and similarity of the conceptions between the well-known trademark and the famous mark. Thirdly, the author summarizes five legal characteristics of the well-known trademark as following. The first one is that the relative public is aware of the well-known trademark. The second one is the well-known trademark has a comparatively high reputation within a certain area. The third one is that the trademark is determined as well known by the national authority. The Fourth one is the register or usage of the trademark does not consist of the precondition of the well-known trademark's determination. The fifth one is the well-known trademark owners have a relatively longer exclusive right than others. In this chapter, the author makes a general comparison on the definitions of the...