Strategies In Solving The Existing Problems In China's Well-Known Trademark Judicial Recognition System

The Protection of well-known trademark, the essential part of intellectual property law, has become a common international conception. However, the definition, recognition and Protection of well—known trademark vary in different inner legal context. Some suggestions to system perfection are provided, after drawing certain experiences from other countries, focusing on those problems in the recognition system of well-known trademark in our country.This thesis consists of third chapters. In the first chapter, the current status of the recognition of well-known trademark in our country is introduced. The first part gives the definition of well-known trademark and introduces its legal characteristics. Secondly, the current status of the recognition of well-known trademark in our country, and analysis the current situation on the principle, standard and scope of the well-known trademark judicial recognition in our country, there are some problems and causes on well-known trademark judicial recognition and judicial protection practice in our country. The second chapter, In analyzes our country well—known trademark to recognize the present situation in the foundation, had pointed well-known trademark judicial recognition in our country the existence recognized the well—known trademark makes the lawsuit sedulously for the goal, recognized standard width strict not one and so on questions, and the pair process these question origin has carried on the analysis. The third chapter, Author the question which mentioned in view of the second chapter of institute proposed how some do consummate conception. Proposed to the well-known trademark judicial recognition the case implements the strict examination and the consummation recognized the standard. On the problem of the abuse of the advertisement of well-known trademark, the author suggests forbidding that advertisement using well-known trademark as the propagandistic measures in order to carry out the principle of "case recognition and limiting the extension of the force and influence of once recognition".With further the development on the well-known trademark judicial protection work, the well-known trademark judicial recognition system still need to further the improvement to make the well-known trademark oblige legal rights and interests a better protection in view of the reality of our country.