On Judicial Recognition Of Well-known Mark

The Supreme People's court had enforced the"judicial interpretations on several applying problems at DN disputes"on July 2007, which is the fist time that People's court had been empowered to affirm the well-known mark. After the amendment, Trademark law provides that the protection of well-known mark and the considering elements for recognizing it, then the Supreme People's court makes the judicial interpretations to specifically explain the very court, the tests and the force for determining the well-known mark. So the recognition system of well-known trademark have been established in China, but the judicial affirm, which has lots of problems that embody the basic theories, specific regulations and judicial practices, becomes the focus of judicial practices in the disputes of intellectual property.This thesis starts with the nature of well-known mark– the theory of special protection of law–to analyze the rationality of judicial recognition. On the basic of rationalities, it provides four principles for determining well-known mark and fully analyzes the tests, such as the scope of territory, the scope of public, the comprehension and definition of know and reputation. The determining procedures are important part of judicial recognition, which includes several aspects, such as the applying subject, the recognizing subject, the applying scope and the force. Consulting the ideal system, analyzed above, of judicial recognition on well-known mark, this thesis sums up in several questions of determining well-known mark– over-affirmed by judicial departments, the unclear tests of quality and fictitious lawsuits for recognition, and analyzes the various reasons of bring these problems, including the dilution of well-known mark, the abuse of rights of trademark, the defects of jurisdiction, the non-legal factors and the non-uniform tests, etc. According to these reasons, it provides five specific suggestions to improving our system of judicial recognition: correct recognizing well-known mark, regulating the using and publicizing of well-known mark, amending current regulations and laws of judicial recognition, preventing the disputes sedulously raised by parties and making the judicial interpretations to centralize the jurisdiction and clarify the tests of recognition.