On The Judicial Recognition And Protection Of Well-known Marks

Well-known trademark as one kind of invisible property, has constituted an important content of industrial property. All kinds of country have manifest and protection on the well-known trademark in the legislation. Well-known trademark is protected by the administrative organs exercising administrative authority and judicial authorities exercising jurisdiction in our country . With well-known trademark increasing and frequently appearing tort and unfair competition around the well-known trademark, how to establish the unified, perfect well-known trademark recognizing system is both an urgent mission in the Law of Trademark in our country and a popular subject in the field of the Law of Intellectual Property. Therefore, on the basis of analyzing the fundamental theory and the legislative on well-known trademark on the international and domestic plane, referring to opinions and eyesight of some scholars, combining judicial practice whose author was working at judgment of intellectual property, the author tries discussing the perfection of legislative protection on well-known trademark in our country.The whole article is composed of six parts. The part I is foreword. It has brief introduce that writing background, the current -situation studying at home and abroad, research methods, research contents, breakthroughs and shortcomings in the article. The Part II has a summary of the well-known trademark, including the concept of trademark, the concept of well-known trademark, the legal characteristics of well-known trademark and the function of well-known trademark system. The Part III analysis the current situation on the principle, standard and scope of the well-known trademark judicial recognition in our country, there are some problems and causes on well-known trademark judicial recognition and judicial protection practice in our country. On the basis of analyzing both the special protective provisions in the international conventions and the legislation and practice in some country on well-known trademark. The Part IV puts forward the international developing tendency of well-known trademark protection. The Part V brings forward a tentative plan from eight aspects for reinforcing the well-known trademark protection in view of the reality of our country. The Part VI are conclusions, it has a summary of the whole article, With further the development on the well-known trademark judicial protection work, the well-known trademark judicial recognition system still need to further the improvement to make the well-known trademark obligee's legal rights and interests a better protection in view of the reality of our country.