On The Judicial Determination Of Well-known Marks

The well-known trademark judicature recognized is a hot topic in trademark dispute practice, also is a domain with many questions because lacks the correlation necessary measures. In July, 2001, The Supreme People's Court promulgates and implements "The Judicial Interpretation Of Legal Utilization Involving Computer Domain Name In Civil Dispute Case", It explicitly stipulated that the court has certain right to carry on well-known trademark judicature recognized. After "Trademark Law" revises, The Supreme People's Court promptly formulated the judicial interpretation in the authority of judicature recognized, the standard of judicature recognized, the potency of judicature recognized as well as legal liability. Present "Trademark Law" has also made the stipulation in protection and the factors to recognized of well-known trademark until now, the system of well-known trademark judicature recognized institutional framework has formed. This thesis mainly elaborates the procedure of well-known trademark judicature recognized.This thesis includes four parts besides the introduction and the conclusion:The first part analysis the well-known trademark concept and the value. Front part mainly elaboration concept of well-known trademark of the related international joint pledge, and the main countries, and our country, and on academic. Then the author concludes that there is no only one conception of well-known trademark is normal, because people has different recognizes standard of well-known trademark. Behind part mainly analyzed the initial special protection of well-known trademark, the special protection of well-known trademark in the our country as well as recent development of well-known trademark protection, Then the author concludes that the well-known trademark 's value lies in the protection, but is not one kind of honor.The second part analysis the historical evolution and right of well-known trademark recognized, Front part simply elaborated historical evolution of well-known trademark recognized in our country, and the forming process of judicature recognized and the administration recognized of well-known trademark. Behind part mainly analysis the essence of well-known trademark, the limitation of administration recognized of well-known trademark, the judicature recognized of well-known trademark conforming to the international convention, Then the author concludes that judicature recognized of well-known trademark is right.The third part is the concrete content of thesis. This part analysis the principle judicature recognized, the situation of judicature recognized, litigant's prosecution, evidence, judgement of the court, decision of the court.The fourth part is the suggestion. This part mainly aimed at the false lawsuit and the place protection question in the judicial practice, suggests that it should to prevent "the lawsuit cheat" and establish "the centralism jurisdiction", and suggests the Supreme People's Court should strengthen guide judicature recognized of the. well-known trademark.