Legal Research On International Protection Of Well-known Trademark

The legal protection of well-known trademark is a key issue in the field of international intellectual property. As to the protection of well-known trademark, international legislation expands the scope, and many countries legislate one after another for special protection. The thesis uses substantial evidence to analyze and compare, to figure out the problems and to give some advice.The preface discusses the importance of protection of well-known trademark, and gives a brief introduction of the origins, development and current situation of the laws of well-known trademark and the necessity of studying international legal protection of well-know trademark.The text consists of the following five parts:â… .The brief account of well-known trademark. There is no united definition of well-know trademark. The thesis introduces the definitions of some related international provisions and of the laws and scholars of our country. The thesis also compares well-known trademark with some related concepts. And even shows the value of it.â…¡.The identification of well-known trademark. By comparing the regulations of the international conventions on the well-known trademark's authority, the standard, and the effects of identification, the thesis then illustrates the identification of well-known trademark, and analyses the problem of our country on this issue. i . The authority to affirm a well-known trademark is the administrative departments to manage trademarks and the courts. ii. Section 14 of The Trademark of the People's Republic of China prescribes the five factors to be considered when affirming well-known trademarks. iii. 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.â…¢.The protection scope of well-known trademark. By the introduction and the analysis of relative cases, Chapter three covers the progress of international protection and in-land legislation development of well-known trademark, and gives a brief explanation of some helpful experiences of developed countries in well-known trademark protection. The Section 6 (2) of Paris Convention sets out rather perfect protection of well-known trademark, but it has the limits on only the same or familiar products. Trips provides special protection to the service trademarks, and it widens the rights of the well-known trademark owner, and it prescribes the standards to be met when affirming well-known trademark. The Joint Recommendation Concerning Provisions on the Protection of Well-known Marks gives further detailed stipulation of well-known trademarks' protection.â…£.The expands of anti-dilution protection of well-known trademarks. Because of its huge business value, the well-known trademark is usually invaded more easily, and should give it more widely and more strong protection. It is customs to provide the well-known trademark particular protection, and it is just taken on the expand scope protection of well-known trademark. Chapter four illustrates the anti-dilution of well-known trademark, including the concepts, the legal characteristics of dilution, mainly on the Internet. The thesis then exploring the two items: 1.Domain Name and trademark dilution; 2.The International Regulations on the Internet dilution.â…¥. The legal protection of well-known trademarks and perfections in our country. The origins, development and current situation of the trademark law of our country are introduced, and then the problems of the protection of well-known trademark are analysed. The history of legal protection of well-known trademark is rather short in our country, the establishment of law system is far from perfect, and many companies' haven't aware the importance and necessity to protect their well-known trademark. Through the analysis of the problem in the legislation and practice of China's protection of well-known trademark, Chapter five at last puts forward some proposals to perfect the relevant legislation, included enacting anti-dilution law; adding and restricting the affirmation authority of well-known trademark; prescribing the rights limits of it, in order to protect well-known trademark.The conclusion of the thesis: There are a lot of problems of the legal protection of well-known trademark in our country. Therefore, we should further manage the affirmation of the well-known trademarks; further regulate the rights limits of the owner of the well-known trademark, establish the anti-dilution theory of the well-known trademark, and even make progresses in the Internet Anti-dilution Regulations in our country. All together, what we have done is to protect the well-known trademarks more, and promote the economic constructions in our country.