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On Well - Known Trademark Anti - Dilution Protection

Posted on:2009-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X M ShiFull Text:PDF
GTID:2206360245976846Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The trademark is the important intangible asset of enterprise, it represents the images of enterprises, it condenses enormous value. Meanwhile, it is apt to suffer infringement from all respects too. One important infringement is trademark dilution, which requires us offer special Anti-dilution protection to famous trademarks and other noted trademarks. Study this problem is very significant to protect the legal rights and interests of the owner of a trade mark better, and maintain the market economy order.With the rapid development of the economic globalization and China's entry into WTO and the increasing international awareness of well-known trademarks and famous trademark quantity, infringement is becoming more and more commonplace. This leads to unauthorized dilution of trademarks. At present, some of the world's major developed countries have adopted legislation or established Trademark Dilution Case theory and the establishment of a corresponding legal system. With economic globalization and the integration of the wave of one hand, we must follow the common game rule at the same time, while on the other hand the development of the national economy, and foster their own brand names. Therefore, the study of well-known marks and dilute anti-weakened protection, and improve the protection of well-known trademarks dilute the anti-theoretical system and the legal system is urgent theoretical and practical significance.This paper begins with the basic theories of trademark law, discusses the legal characteristics and concepts of trademarks and the meaning of protection. It then discusses the theory of dilution using quantitative methods, examining examples of disputed problems. Finally, through legislates the comparison which to the well-known trademark counter-desalination protection in various countries as well as in our country manifests, pointing out that our well-known trademark counter-desalination legal protection the deficiency, proposed consummates our country well-known trademarks anti-dilution protection legislation under consideration.
Keywords/Search Tags:well-known trademark, dilution, anti-dilution protection, confusion, legislative construction
PDF Full Text Request
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