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Well-known Trade Mark Of China In Justice Finds That The System's Current Situation, Issues And Countermeasures

Posted on:2008-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q J LiuFull Text:PDF
GTID:2166360245990394Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, the court exercised the power of recognize the well-known mark from July, 2001, which had made the singletrack system pattern out, and forms the well-known mark administration to recognize with the judicial approval double-track system pattern. The well-known mark judicial approval established the principles of "afterwards approval" and "a document approval", which conformed to the international convention, and the judicial approval was also gradually becoming the fundamental mode of well-known mark approval in our country. But the system of the well-known mark judicial approval hadn't implement for a long time, the related legislation of judicial approval is imperfect, also the people's court is not the special on well-known mark approval, the limitation of local people's court, the interference of local governments, add to many corporations and customers doesn't know much about well-known mark, so that the standard of well-known mark judicial approval is not consistent in judicial practice, some corporations evenIn order to solve these problems above-mentioned, it is necessary to consummate the legislation of well-known mark judicial approval, set detailed standard for it. We also should consummate the judicial procedure, put the publicity procedure and objection procedure, and check the false litigation,punish the client of false litigation.Local governments at various levels should also formulate relevant measures, and formulate proper intellectual property policies, abandon local protectionism, and increase the education and propaganda of the knowledge of well-known trademarks, help enterprises establish a correct awareness of trademarks, consumers establish a correct concept of consumption.
Keywords/Search Tags:Well-known mark, Judicial approval, Recognize standard
PDF Full Text Request
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