On The Well-known Trademark Protection Of The Law

Intellectual property which has combined with the international trade as well as the goods trade and the service trade form the three pillars of the World Trade Organization. It shows intellectual property occupies an important place in WTO. The well-known trademark is the key composition of intellectual property. Thence the law property of well-known trademark is an important subject which we should study thorough 1 y.The essay includes four parts, io, preface, limits of the well-known trademark, law protection of the well-known trademark and prospects for law protection of the well-known trademark, among which the second and third parts are the focal points of the essay.The first part is the preface which makes clear the necessi ty of writing the essay. It views that with the increase in the well-known trademark and the occurrence of tort and improper competition for the well-known trademark, the necessity of protection of the well-known trademark has been increased gradually. Especially China has entered WTO and intellectuaJ property occupies a very important place in WTO. Therefore, the law protection of the well-known trademark is also the need for China' s entrance to WTO.The second part is the hold of the well-known trademark which is the premise of protection of the well-known trademark. This part stresses the concept of the well-known trademark, the principle of hold, the way of hold and the standard of hold. The essay views that the well-known trademark refers the trademark with the high reputation and good credit which has been accepted by the public in the relative field and held bythe legal insLi Lu I ions according to the legal proceedings. The principles of hold mainly includes the principle of sovereign state hold, the principle of connection with the world, the principle of strict hold standard, the principle of admitting the priority with qualifications and the principle of hold according to application. The way of hold includes affirmation by investigation, affirmation by the law court and affirmation by the trademark responsible institution. China should adopt the hold way of the administrative hold as well as the judicial hold. On the standard of hold, the essay views that the fol lowing factors should be considered focally when holding the well-known trademark, ie, the celebrity and use time of the trademark, the quality, market and service of the commodity with the trademark.The third part is the law protection of the well-known trademark which includes four items. Firstly, it points the basic of International Law and Internal Law which conducts the law protection of the well-known trademark; Next, it limits the obscure problems arousing in the well-known trademark tort. The essay analyses two aspects of the direct obscurity and the indirectly obscurity. When holding the direct obscurity, it should stress the point that the sameness and similarity of the trademark and the similarity of the commodity or service; When holding the indirect obscurity, the judge should be made in accordance with the notable degree of the trademark, the scope of celebrity and the actual situation of the produced association of ideas. On the problem of the conflict between the well-known trademark and the domain names, it analyses the necessity of protecting the well-known trademark on internet, the source and its apparent forms of the conflict between the well-known trademark and the domain names and finally my ownopinion on the solution of this conflict. On the item concerningthe imputation principle of the well-known trademark, my opinion is that the fault principle and fault infer principle should adopted properly in accordance with the actual situation, Cor it both meets the requirement of TRIPS hut protects the benefit of the well-known trademark holder.The last part is the prospects for the law protection of the well-known trademark. The essay views that with the development of economic globalization and the gradual increase in people' s consciousness of the well-known trademark, th...