The Research On The Legal System Of International Protection Of The Well-Known Trademark

In current days, the function of well-known trademark is becoming more apparent. When selecting goods or services, we pay more attention to the trademark, and neglect the goods or services themselves, thus, the high reputation well-known trademark goods earn greater advantages. Some people who have recognized the immense value of well-known trademark take various measures to use them and do harm to the owners of the well-known trademark.When confronted with intensified infringement, legal protection of well-known trademark having been a world well hot topic. The paper gives research on the concept, characteristics and the protection of well-known trademark, takes more attention to the situation of international protection of well-known trademark, and at last, combined with the relevant legislation and practice in our country's situation, the paper proposes the recommendations of our country's well-known trademark protection legal system.This paper which has about 35000 words is divided into three parts(introduction, body and conclusions)and has four chapters.The first chapter introduces the concept and features of the well-known trademark, by analyzing the comparison of well-known trademark and other related concepts, the paper clarifies the specific meaning and the feature of well-known trademark, which provides the premise of the target-oriented protection.At the same time, through the research on identified institutions, method and the standards, the paper considers that the court should not be recognized as the authority of well-known trademark, and, we should do further clarification on the region of well-known trademark, reputation and the relevant public.The second chapter studies on the historical background, concepts, characteristics and ways of international protection of well-known trademark ,by introducing and comparing confusion theory, association theory and the dilution theory ,the author suggests that we should introduce dilute theory in well-known trademark protection legal system, improve the scope of well-known trademark protection and evolve the new problems which has appeared in the environment of network and cultural ,so that we can effectively enhance the well-known trademark protection.The third chapter introduces the overview of the international protection of well-known trademark, the author do some research and comparisons on the relevant international conventions, relevant international organizations requirements of the well-known trademark protection, as well as well-known trademark protection in various national legal systems, The author believes that many of the provisions of these systems can be introduced in China's legal system of well-known trademark protection.The last chapter analyzise the legislation and practice of the current status in the well-known trademark protection in China .and points out though the issue has become a definite system, there are many inadequacies in Institutional level and the practical level. Combined with the preceding analysis, and at last, the paper issues sound proposals in well-known trademark protection in China.