Foreign Investment In Acquisition Of A Well-known Trademark Protection And Perfect

With the strengthening of economic globalization and China's accession to the World Trade Organization, the deepening openness, more and more foreign companies targeting China's vast consumer market, abundant resources and cheap labor, have vied for China. In the course of the Chinese market, foreign investment has changed gradually, from the initial acquisition of direct investment to investment. Foreign acquisition of domestic enterprises, not only in the Chinese market can be achieved economies of scale and dominant position, but also through mergers and acquisitions in the domestic market has a considerable market share, the company has a well-known trademarks, to exclude competitors, digestion and inhibit the well-known trademark effect, and ultimately to achieve its purpose, a dominant monopoly.Well known, well-known trademarks and the company's market share, consumer reliability are closely linked.To some extent, can be a trademark is famous or not, the core competitiveness of enterprises to measure an important indicator. However, the wave of foreign capital, foreign use of funds, technology, management and other areas, either underestimate or ignore the value of well-known trademarks, or gradually squeezed, frozen well-known trademarks, or joint venture between the two sides, according to new trademark carefully nurtured as their own, so well-known trademarks in China suffered a great loss to the intangible asset. View of this, the Coca-Cola acquire Huiyuan case for the cited cases, made by foreign capital in the well-known trademarks to protect the views and learn from a number of countries in this regard the measures taken, analysis of China in the legal norms on the missing and the harm caused to perfect of relevant systems, special protection of famous trademarks.This article consists of four parts:Part I:Foreign M & A in the well-known trademark status and role.From the concept of well-known trademarks, certification of basic theory began to expound to explore well-known trademarks in the important value of foreign M & A, made famous by foreign capital in the need for special protection of trademarks.Part II:Foreign M & A in the well-known trademark protection in China Problems and Causes.Foreign acquisitions by studying the well-known trademarks in China or undervalued or out of the market value of the status quo are not fully expounded on the business and harm the national economy, and analyzes the resulting deep-seated reasons for this situation.Part III:International well-known trademarks on the experience of special protection.By introducing the practice in several countries specific practices, mergers and acquisitions in foreign countries to capture well-known trademark protection approach, drawing on experience, the protection of famous trademarks in China inspire.Part IV:Foreign M & A in the lack of well-known trademark protection and improvement.By combing the protection of famous trademarks of the development process of the existing legal system on foreign mergers and acquisitions in the absence of well-known trademark protection, and raised a number of feasible measures to strengthen the protection of our country and improve the well-known trademarks.