On The Judicial Recognition And Protection Of Well-known Marks

The well-known trademark judicial cognizance and protection system of our country has gone for ten years since the NPC Standing Committee on the "Trademark Law" second amendment clearly established this system. During this decade, the construction of the well-known trademark judicial cognizance and protection system of our country, based on the situation, learn from foreign advanced theory, braved practice, accumulated a wealth of experiences, makes the well-known trademark judicial cognizance and protection system perfect increasingly. However, with the market of socialist economy of our country high-speed developing, the well-known trademark protection faced new problems, such as the well-known trademark judicial cognizance alienation. These problems are contrary to the original legislative purpose, distort the true meaning and increase the protection of difficulty of the well-known trademark. For the above-mentioned problems, in 2009,China has successively released " The notice of the well-known trademark judicial cognizance in the Civil Jurisdiction of Disputes by the Supreme Court ", "Work rules of the well-known trademark judicial cognizance by The National Industry and Commerce Administration" and " Legal interpretation of the well-known trademark protection of civil disputes by the Supreme Court" and other legal documents, in order to perfect the well-known trademark judicial cognizance and protection system. In this context ,this article, using the true cases of judicature practice, consulting the international and domestic legislations, referring to related scholars' opinions and views, combining the research summary of some our province in recent years of judicial recognition and protection of well-known trademarks trial practice, studies of the well-known trademark judicial cognizance and protection system for making it much more perfect.This paper can be divided into four parts. The first part mainly discusses the definition of the well-known trademark, which can lay a good foundation for further studying of the well-known trademark judicial cognizance and protection system; The second part mainly describes the well-known trademark judicial recognition system, which concrete includes the summary of the well-known trademark judicial cognizance (mainly relates to the concept, nature and scope of the well-known trademark judicial cognizance), the subject, principle, standard and the practice of the well-known trademark judicial cognizance; The third part mainly describes the well-known trademark protection system, discusses our country well-known trademark protection system with the research of the foreign law's (mainly relates to the well-known trademark protection system of the international convention, the European Union, the United States and Japan) and our country's well-known trademark protection system (involving object, scope and course of the well-known trademark protection); The fourth part mainly describes the problems of the well-known trademark judicial cognizance and protection system and gives corresponding solutions.