On The Alienation Of Judicial Determination Of Well-known Trademarks

As we all know, with the further development of the socialist market economy, corporate brand strategy to enhance, but also in order to meet WTO requirements, China established the system of judicial determination of well-known trademarks.Judicial determination of well-known trade marks system is established, in part by China's infringement of the trademark owner's rights and interests protection has played a positive role. However, due to a lack of the system and the community on the mistake of well-known trademarks, so that judicial determination of well-known marks have emerged the trend of alienation, some companies based on the well-known trademarks misconceptions and blind pursuit of not hesitate to create "Jiaan" to obtain the identification of well-known trademark so that the "well-known trade mark" a serious legal concept that in reality have been distorted and alienated, completely divorced from the judicial determination of well-known trademarks of the legislative intent, greatly undermines the judicial determination of well-known trademarks of the legitimacy of the system.In this paper, starting China's first well-known trademark counterfeiting case and the Liaoning Fushun more of the judges on suspicion of "false recognition Chi" Let's go, through the well-known trademark of the Differentiation and Analysis of the legal terminology, the meaning of their own ideas put forward. I believe that the description of the well-known trademarks, it should return to its original function and well-known trademark trademark law system, legislative intent, that is, identification and protection. At the same time, due to well-known trademark itself contains a dynamic factor, by time, geographical impact, there is no clear-cut content, it should not be defined in isolation, but should be identified with the principles of law recognized standards and complete a comprehensive description. I through trademarks, trademarks and goodwill, the definition of well-known start to legalism perspective combing of well-known trademarks in detail the relevant judicial determination of law, judicial determination of well-known trademarks in order to explore the alienation of the institutional level causes. Combined with contextual perspective on the political, economic, social, cultural, psychological and social background of public right of alienation of judicial determination of well-known trademarks were multi-angle analysis of judicial determination of well-known trademarks seek to identify the social dimensions of alienation reasons.Writing this article primarily on experience and empirical research methods on the status of judicial determination of well-known trademarks has been described on the concept of well-known marks under the premise of an integrated multi-perspective Analysis carried out with the definition, with the attendant use of doctrine, context theory of point of view of the judicial determination of well-known trademarks of alienation causes the formation of an all-round, multi-angle analyzed in detail. Writing focus on the issue reveals, analysis, evaluation, etc. to explore the relationship between legal research and judicial practice, in order to further improve the legal system of judicial determination of well-known trademarks.