On Our Country's Protection System Of Well-Known Mark

As an intangible property, with huge economic value, Intellectual property rights are regarded highly, well-known trademark is one content of Intellectual property rights, it is one kind of unmaterial wealth. Compared with the genaral trademark, the well-known trademark not only has the function of indicating the difference with other's commodity or service, but also has the function of praising the quality and reputation of its commodity or service, and the function of advertising. International treaties and many countries of overseas give a special protection to it. As the number of The Paris Convention and the Trips Agreement, our country has established a law system of protecting well-known trademarks. But our theory and practice have some problems which still need to be solved. The author expects it can benefit theories and practices of well-known trademark system. The author write this paper wants to make efforts to our country's more stronger protection of Intellectual property rights, to enjoy the competitive advantage in the international market, in order to seize the market as possible as much.this paper is thus divided into four parts.The first part clarify the conception and feature of well-known trademark. The definition of well-known trademark is "the trademark is that has highly known and acceptance by related public."the second section of this part is recognizing of well-known marks, including the main body, rule, way of recognizing of well-known marks. The court and government has the authority to recognize well-known marks. The standard of recognizing of well-known marks is most important of all problems.The phrase of "well-known mark" comes from the Paris convention. The special protection system is to safeguard well-known trademarks to present each kind of function normally, to prevent and punish any kind of violence, and maintains the normal market competition order. we can make a conclusion of the protection of well-known trademark is for the benefits of the trademark owner and protecting consumers. Holding the fair competition order of market.The second part analyzes the theoretical basis about well-known mark's protection specially. The question of theory foundation of well-known mark is the key from which kind of theory angle to start to study. The main theoretical basis given by all countries about well-known mark are confusion theory, association theory, dilution theory. Confusion theory is the conditional and basic one. dilution theory is the newest and most popular of the three. dilution theory's role is that it can afford protection on different types of goods. So the legislation can make well-known trademarks be protected even more well.The third part introduce the situation of protection of well-known trademark and shortcomings in our country. Although China has established a primary protection system of well-known trademarks, it still has many shortcomings, which still needs further perfection. For exmple our law system has not clear anti-dilution protection clause, the limitation on the right of well-known trademarks is scare. The way to conflict-settlement between internet domain names, enterprise name and well-known trademarks is coarse.The four part is the specific suggestion on how to develop our legislative system of well-known trademarks. The following shall be added to our trademark law: adding anti-dilution protection clause to well-known mark; elaborating the law on conflict-settlement between internet domain names, enterprise name and well-known trademarks; stipulating limitation on the right of well-known trademarks.In the conclusion, the article thinks that developing the law system of well-known trademarks not only can protect the fair benefit of the owner of well-known trademark, but also can maintain the effective competition of market. The improvement of our country's economy needs the system too. developing the law system of well-known trademarks has very important Significance.