| The protection of well-known trademark has become an important problem which our country and international society pay attention to. However, taking a wide view of the protection system of the our country well-known trademark, we can see that it still has a long way to get to the international protection level and it has many problems which need to resolve .In this text, the writer only aiming at the existent problem in the protection system of the our country well-known trademark, analyze reasons and try to put forward a problem-solving counter plan. In the process of discuss, the text is divided in to four parts:The first part synopsis introduced international background of the well-known trademark protection. To inquiry into the protection of the well-known trademark, we can't leave international background to go to an isolated study. In the international society, the system protecting the well-known trademark is in《the Paris Convention on Protection of Industrial Property》(Paris Convention),《Agreement on Trade-Related Aspects of Intellectual Property Rights》and WIPO《the consociation suggestion》.This text is also to discuss the international background of the protection of the well-known trademark from the aspect of these three law documents. From《Parisian convention》to《Agreement on Trade-Related Aspects of Intellectual Property Rights》and WIPO《the consociation suggest》,we can say that the level of protection is become higher and higher. This text introduced characteristics of the tree document in order.《Parisian convention》is the first law document which involve the well-known trademark. But《Parisian convention》only provide an opposite protection. the protection strength then consumedly strengthens in《Agreement on Trade-Related Aspects of Intellectual Property Rights》. It rose to a higher level, and the protection was also more overall, so we call it absolute protection. The WIPO《consociation suggestion》then made a new contribution on this foundation, by further explicating related definition and strengthening actual operability to protect the well-known trademark. It also extends protection scope to the network area and business enterprise name. We can see go the protection level is becoming higher and higher .this has very strong instruction meaning to the well-known trademark protection of member's country.The second part synopsis introduced history and present condition of the protection in our country. This part is divided into two parts; one is about the history and development. It mainly introduces the law problem of well-known trademark from the beginning to the present when law protection system has establishment in our country. At present, the law system is consist of《trademark law》,the judicial explanation and the administration, which involved lawmaking, judicatory and the administration. Another one is the present condition in our country. From 1987 when The first well-known trademark affirmed case after joining《the Parisian convention》,our country started practice quest on the protection of well-known trademark and we obtain good result. Just in 2004, we affirmed and protected 153 well-known trademarks. But, we also saw the shortage and problems of the current condition: according to our current law, " register or not at our country " is a standard to provide different kind of protection to well-known trademark. We also want to start study from this both side.In the third part, writer analyzes the problem and counter plan that protect well-known trademark, such as the second part said, this text analysis two problems: the protection system of well-known trademark and protection system of non-register, this both sides are all set out with the angle of the present condition, problem and the counter plan. The law system of our country is consistent with《Agreement on Trade-Related Aspects of Intellectual Property Rights》on the protection scope about non-register well-known trademark. In all, the problem about protecting non-register well-known trademark mainly lies in: there are right but short of redress. The owner of right is short of valid but perfect redress measures and paths. In the fulfillment, this kind of imperfection very easily results in the condition that the protect level of common register trademark is higher than non-register well-known trademark thus disobeyed the lawmaking original intention that the high level protect to the well-known trademark. The writer put forward the following counter plan: The first is to build up asset of system to provide protection to the non-register well-known trademark before sue. The second is to build up a set of system that include concrete succors measure and compensate measure and the punishment measure to the infringement to protect trademark. The system should include administration succors and judicatory relieves. To the protection of well-known trademark, we should mainly start different kinds of protections, protections across different kinds come from theory of trademark's downplay, but we haven't plan and whole system. We should build up anti- downplay law system in order to extending the scope of protecting well-known trademark and define the concept of trademark's downplay.The fourth-part is talking about problem and counter plan on the protection of well-known trademark. This part mainly inquired two problems about the well-known trademark: one is problem about conflict between manufacturer and well-known trademark, the other is problem about conflict between domain name and well-known trademark. At this part, the writer analyzed reason of the conflict, the present lawmaking condition about adjusting conflict respectively in this part in our country, and put forward according counter plan, among them, writer analysis reason of conflict from difference attribute, registration system, and elaborate counter plan from two aspects: changing register system constitution and perfecting law.
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