On Judicial Approbation Of Well-known Trademark

The approbation of well-known trademark is the basis for an adequate legal protection. Before 2001, Chinese well-known trademark approbation is a work through the State Administration for Industry and Trademark Office, that is known as the administration of well-known trademark. The promulgation and implementation of the Supreme People's Court in 2001's "jurisdiction over cases relating to the computer network on the domain name dispute cases in civil law applicable to the interpretation of a number of issues," the first time in accordance with the law given to the people's court finds that the power of well-known trade mark, opened a new time to well-known trademark for the prelude to the administration of justice. Well-known trademark of the administration of justice that, as a well-known trademark protection system, one aspect of the legal system is the trademark of an important element. Well-known trademarks in China that the administration of justice, putting an end to the Chief that the single-track model, the formation of well-known trade mark that the executive and the judiciary that the coexistence of two-track model. At present, the well-known trademarks of justice that the field of intellectual property has become a hot issue.The paper around the well-known trademarks that the issue of justice, to explore the use of theoretical and empirical analysis, summary and comparison of analysis methods. Well-known trademarks of our system of justice that the theoretical basis for the existence of judicial practice and a number of issues analysis, and improve the well-known trademarks in China for the system of justice to make some suggestions.Firstly, described the concept of the trademarks, well-known trademarks, well-known trade mark judicial approvation, well-known trademark administration approvation, then focus on the analysis of current well-known trademarks and Justice found that the Chief of the "dual track" with the previous "single-track system" compared to the active role, as well as the existing problems.The followed part is the well-known trademark recognization and protection of the administration of justice to international legislation, "Paris Convention", "TRIPS Agreement" and "The Well-known Trademark Protection On The Joint Recommendation Of The Provisions ",as well as overview the legal provisions in some countries. Through a general analysis of international treaties on the protection of well-known trade mark special legislation, such as the United States, Britain, France, Japan and other countries well-known trademarks of the legislative and judicial protection, to analyze the judicial legal system that well-known trademarks with a view to the administration of justice on Chinese well-known trademark. It is helpful in improving the system of our judicial approvation.And then focused on the administration of justice for our country well-known trademark status. First of all, to our country and its Regulations for the Implementation of the Trademark Law, "well-known trademark recognition and protection" as well as relevant judicial interpretations in accordance with the provisions to clarify that Chinese judicial system well-known trademarks legal basis.Secondly, based on relevant laws and regulations, combined with the trial of a typical case in practice, introduce our country well-known trademark of the characteristics of the judicial system recognization.The analysis finds that Chinese judicial system well-known trademark of the existence problems. Identified the problems: qualified to carry out well-known trade mark court finds that is the low-level local protectionism, well-known trademarks of the negative effects of the administration of justice so that the well-known trademarks of the credibility that justice is not high enough, the judicial practice of justice that there are still identified with the Chief of the contradictions and conflicts, some of the provisions of relevant laws and regulations there are also the problem of lagging behind and so on. According to the well-known trademarks of the justice system in China now, from the legal, judicial practice, in terms of foreign legislation were carried out, systematic analysis of existing problems that Chinese well-known trade mark system of justice that the main causes of these issues are well-known trade mark rights or consumers of well-known trademarks, as well as the existence of well-known trade mark for the concept of justice is not a correct understanding on; well-known trademarks of justice that the reasons for the legal system; well-known trademarks of justice for the effective cases.Finally, discusses how to improve our well-known trademarks judicial approvation system. For the problems, made a number of well-known trademarks in China to improve the administration of justice that the legal system, well-known trademarks such as the coordination and administration of justice found that the relationship; improve the well-known trade mark that the effectiveness of the administration of justice; to develop and amend the relevant laws and regulations.