Study Of The Legal System Of The Special Protection Of The Well-known Trademarks

The famous trademark is one kind of immaterial wealth , it contains huge value. Compared with the general trademark, the famous trademark not only has the function of indicating the difference with other's commodity or the service, but also has the function of praising the quality and reputation of its commodity or the service, and the function of advertising. As the famous trademark bears the symbol significance of the commodity or the service, the enterprise's reputation, it has even more independent property value. Simultaneously its economical function appears. Because of this, the famous trademark frequently becomes the object to be encroached. Based on this, international and domestic legislation all gives special protection to it. The special protection to famous trademark not only involves to the trademark owners' benefit, but also becomes the effective method for each country to try to make its own country's competitors to enjoy the competitive advantage in the international market, in order to seize the market as much as possible.After our country joined WTO, our country started comprehensively to fulfill the TRIPS agreement stipulation. In order to conform to the world, cash pledges, our country revised "Trademark Law" and "Trademark Law Implementation Rule" one after another. The National Industry and Commerce Administration Bureau promulgated " Stipulation of Famous Trademark to be recognized and Protected ". The judicial domain also successively promulgated a series of related judicial interpretations. Our country's entire legislation about trademark started to change fundamentally, the special protection to the famous trademark increasingly appears a encouraging state.In spite of this, our country's present legislation still has the disparity with the developed country's advanced legislation, especially in terms of the theory of famous trademark legal protection. The utilization is still insufficiently systematic and comprehensive. So it can't be used as good instruction in legislation and judicial practice. Therefore, in our country, the special protection to the famous trademark still has a long way to go. Special protection to the famous trademark is not only the hot topic of the world intellectual property right protection, but also an important content of our country's intellectual property rights protection. This is...