Studies On The Judicial Approbation Of Well-Known Trademark

In July 2001, Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Trial of Civil Cases Involving computer-related domain name disputes empowered the people's court to approbate well-known trademark. So far, the judicial approbation system of well-known trademark has founded for six years and is in progress. But it is still exposed to many problems. So we should enhance and perfect the system on the judicial approbation of well-known trademark.Through the application to the theory and to the solid evidence, this thesis studies and discusses about the judicial approbation of well-known trademark, and gives some suggestions to perfect the system of the judicial approbation. It is divided into three parts.The first chapter has a general view on the approbation of well-known trademark. Firstly, through the comparison of the new and old laws of the well-known trademark concept, we can see the definition of the well-known trademark, which is defined as the trademark of the higher in the related public in China. It is from the following five aspects to define: the good reputation in China; understood only in the related public; not required the registered trademark; required higher quality; required higher fame. Compared the well-known trademark with another two different and similar of related concepts at the same time, it can explain the characteristic of the well-known trademarks clearly. Secondly, through presenting statistical data and considering the protection, this thesis stresses the value of the well-known trademark. Finally, based on the approbation mode of the well-known trademark in other country,it looks back the history of the approbation mode of the well-known trademark in China.The second chapter discusses about the Judicial approbation system of the well-known trademark in China. At beginning, the necessity of the foundation of the judicial approbation system is analyzed by the essence of the well-known trademark, the limitation of administrative approbation and the realization of international obligation. In the following part, the structure of the judicial approbation system of the well-known trademarks in China is introduced. It based on the cases especially the ten cases publicized by the Supreme People's Court and law, including principle, types of cases and the flow. The next part analyzed the current the judicial approbation system of the well-known trademarks in China.The third Chapter discusses how to perfect the judicial approbation system of the well-known trademark,which is the key of the thesis. First, it sets forth the necessity of the perfection of the judicial approbation system. Then, from the practice in the judicial approbation of the well-known trademark in our country, it sets out the existent problems. Finally, to solve the problems discussed above, some suggestions for improving judicial approbation system of the well-known trademark in China are proposed from three aspects.