Research On The System Of Anti - Dilution Of Well - Known Trademark In China

Just like ordinary trademarks, well-known trademarks possess the function of indicatingsources of goods or services. But compared with ordinary trademarks, well-known trademarks arespecial. Namely, they are more liable to suffer from infringement such as reproduction andimitation. Traditional theory takes possibility of confusion as premise of infringement, which hasalso become the sole statutory standard judging trademark infringement. But as time develops andforms of trademark infringement grow diverse, limitation of confusion theory is becoming moreand more obvious. Trademark dilution theory has broken through this traditional theory, deeminginfringement may constitute as long as there is association. However,“dilution” hasn’t beenexplicitly incorporated into all the previous Chinese Trademark Law. Though current juridicalpractices widely believe that de-dilution system of well-known trademark has been implementedin China and has been applied to the specific trials, China is not a country of case law. Withoutclear basis of legal principle, judicial application can’t be supported by legal basis. Chapter1ofthis thesis sets forth content of well-known trademark, relevant regulations stipulated ininternational convention and dilution theory of well-known trademark. Chapter2respectivelyintroduces regulations of well-known trademark de-dilution protection system of foreignlegislation (U.S.A, EEC and Japan) and application of the regulations in specific cases. Chapter3analyzes regulations of well-known trademark de-dilution protection system of our country indetail, starting from legislation of well-known trademark de-dilution protection, emphasizing onanalysis of application of well-known trademark de-dilution protection in judicial trail, analyzingarticles concerning well-known trademark protection in the third emendation of ChineseTrademark Law. I researched well-known trademark de-dilution system of our country by way ofcomparison and case analysis, and put forward my opinions on well-known trademark de-dilutionprotection of our country.