Abuse Of Rights In Well-known Trademark's Protection And Its Legal Regulation

With the advent of Knowledge-based Economy Era and the continuous development of Intellectual Property, well-known trademarks have been increasingly concerned by people, and the awareness of protection for well-known trademarks has been strengthened. However, the"special"protection of well-know trademarks seems to encourage trademarks'owners to abuse their rights. And the defects in well-known trademarks'identified system in China make these abuses become common. There are those kinds of abuses: deliberately attempt to carry out trademark infringement litigation; restrictions on other reasonable rights to use well-known trademarks for others; rejecting earlier registered trademarks with later registered trademarks; abuses of well-known trademarks in the commercial advertisement. In fact, there are about two reasons to cause these behaviors: the economic reason is that, well-known trademarks can bring great economic benefits to the owners; the legal reason is that there are some drawbacks in well-known trademarks'identified system in China, such as the diversity of well-known trademarks'identified parties.Based on the anti-abuse of rights principle and the limited resources of the society, following the principle of balance of interests in Intellectual Property law, and the concepts of Social Orientation, economic equity, legislation is needed to balance the interests between well-known trademarks'legal parties. First, the legislative intent of protection of well-known trademarks should be made clear; balance the interests between well-known trademarks'legal parties; improve the well-known trademarks'identified system, identified standards and the justice identified class of the court. At the same time, basing on various abuses of well-known trademark rights, we should protect the rights of reasonable use of the trademarks; improve the legislation of Prior Rights; restrict or prohibit the commercial use of well-known trademarks. In addition, it is necessary to use competition legal system to resolve these problems. Basing on the concept of Social Orientation in economic law, anti-unfair competition law and anti-monopoly law can be used to control abuse of well-known trademarks'rights.