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The Existing Problems And Improvement Of The Recognition And Protection System Of Well-known Trademark

Posted on:2010-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:D L TianFull Text:PDF
GTID:2166360275481961Subject:Law
Abstract/Summary:PDF Full Text Request
The recognition and protection of well-known trademarks are not only hotspot issue in current practice of intellectual property rights protection, but also problem areas. The existing "Trademark Law", "Regulations for the Implementation of the Trademark Law," "well-known trademarks recognition and protection" as well as relevant judicial interpretations of the Supreme People's Court on the subject of well-known trademarks have made a specified assignment on the subject definition,the criterion,the effectiveness,the principle as well as violations of well-known trademarks, such as investigating and affixing the responsibility. Paper departures from the practice, mainly discusses the existing problems in the recognition and protection of well-known trademarks and puts forward some relevant proposals. Besides the conclusion, the paper divides into four chapters: The first chapter is the Introduction presenting the background and significance of topics, literature and research methods. Chapter II is the basic theory of the recognition and protection system of well-known trademarks. It mainly starts from the history of the recognition and protection system of well-known trademarks. It presents the legislative purpose, the theory of protection system as well as the contents of the recognition and protection of well-known trademarks. Moreover, it defines the conception, characteristics and role of well-known trademarks. Chapter III is the analysis caused by the exiting problems of the recognition and protection of well-known trademarks. It mainly starts from current situation of the recognition and protection of well-known trademarks. It puts forward some problems, such as the coexistence of the same well-known trademarks, false cases of well-know trademarks and the well-know trademarks being reduced advertising resources. Moreover it points out that the item "to mislead the public" in the China's "Trademark Law" in Article XIII is the reason causing some problems , such as the corresponding vague theory, unspecific recognition criterion, the inadequate instructions in the huge incentives guided by the local government for the company achieving the honor of well-know trademarks,and over-reliance on the administration of justice in civil litigation and the parties. Chapter IV is the improvement and perfection of the recognition and protection of well-known trademarks. Based on the analysis, it puts forward some proposals. For instance, some widely-known trademarks in general public should be played down in the protection of theory while trademarks being widely-known in corresponding public should apply to the protection of confused theory; the scope of the understanding level should be refined, the contents of the definition of well-known trademarks"high reputation"as well as the approaches to identify the well-known trademarks should be abrogated; on the well-known trademarks cases, how to strengthen the application of the Mode of Public Litigation in inquisitional system; The phenomenon of dissimilation should be checked. For instance, treat the well-known trademarks as advertising resources, use the well-known trademarks to sell manufactures or services.
Keywords/Search Tags:recognition and protection of well-known trademark, well-known trademark, trademark, Interllectual property
PDF Full Text Request
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