Legislative Studies On The Special Protection Of Well-Known Trademark

Trademark,as a link between producers and the goods or service supplied by them,performs the function that give references to the source of goods and service.The well-known trademark can transmit enterprise information and stand for commercial prestige independently,as a resut,it should enjoy higher standard special protection compared to commom trademark..In intellectual economy society,witn the enforcement of trademark strategy in various coutries,the protection of well-known trademark has aroused widespread attention of the whole world and this problem become important content in《Agreement on Trade-Related Aspects of Intellectual Property Rights》.Under that ciucumstance,combining actual situation,China has stipulated relative clauses about the special protection of well-known trademarks,and some clauses supply the protection standard as high as that in those international conventions.In fact,these stipulations play a great role in protection of well-known trademark.However,on the whole,the studies about protection system of well-known trademark in China fall behind relatively,many problem need further research not only in theory but also in practice.In view of these problems,this paper gradually and progressively analyze the basic theoretical problems and the relative international and national legislation as well as justice practice about the protection of well-known trademark.Basing on that,the author try to creat a protection system of well-known trademark which approaches to international standard and conform to Chinese reality.Firstly,this paper mainly elaborates the basic theories about the protection of well-known trademark such as definition,character and the difference with other relative concepts.Meanwhile,this chapter puts forward a scientific tentative plan suiting to our actual conditions through analyzing the modes of confirmation and the standard confirmation of well-known trademark. Secondly,combing confusion theory,association theory and dilution theory,the paper adopts value analysis method to inspect the theoretical source of the protection of well-known trademarks,and provides the theory support to the special protection of well-known trademark Chapter three and four give a profound deliberation to the actual situations about the protection of well-known trademark in international conventions and western developed countries,then make a comparation to Chinese legsilations and justice pratice.The paper tries to find out defects and narrow the gap between China and relative international conventions.The chapter five probes into the defets of Chinese legsilations on well-known trademark,and prodvides some ideas.