On The International Protection Of Well-known Marks

This article is mainly research the international protection for the well-known trademark.It is made of the conception of trademark, characteristic and the significance of international trademark protection, as well as the cognizance principal,cognizance standard and con-desalt protection,combining with《Paris Convention on the Protection of Industrial Property》,《Agreement on Trade Related Aspects of Intellectual Property》,international treaty and the special protection regulations for the well-known trademark from other countries.In additional《Trademark Law of China》,《Regulation for the Implementation of the Trademark Law of the People's Republic of China》and the justice explanation from THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA.It introduces the history of protecting international trademark and analysis the status nowadays.Especially it reacts international special protections for trademark in China.It exerts examples and compare analyze to point out the scarcity,and bring forward the lawmaking opinions to protect international the well-known trademark for China.Foreword is mentioned the business value of the well-known trademark throughout enumerating the history of special protection for the well-known trademark both China and worldwide,further discussing the significance for international trademark special protections,thus it reflects the significance of the well-known trademark indeed.The first chapter,the well-known trademark is the international currency law term.But there is not a recognition definition,it continuously consummates for the international trademark from《Paris Convention on the Protection of Industrial Property》to TRIPS.In order to offer the law foundation and framework for the well-known trademark for worldwide countries.We began to protect the well-known trademark since we entered the《Paris Convention on the Protection of Industrial Property》in 1985,and revised《Trademark Law of China》,《Regulation for the Implementation of the Trademark Law of the People's Republic of China》in 1993,it is the normal to mention the projection of the well-known trademark.,throughout the continuously revised and consummation,our trademark protections have ran the same orbit with the international property.Our country that the benchmark of protecting the well-known trademark has matched the demands of《Paris Convention on the Protection of Industrial Property》and TRIP The second chapter,we recognize the principal towards the well-known trademark as well as administration organs and justice organs, this regulation is suitable for international treaty,also for the suitable for our country.But we still think that it is short of something,we advice that Arbitration Commission has right to recognize and arbitrate among the arbitration,there is not restrictbregulations about recognizing in《Paris Convention on the Protection of Industrial Property》,only several items in TRIP have regulations towards the well-known trademark.The recognize standard we have recognize towards the well-known trademark, is similar to the items of《Regulations for Protecting the well-known trademark》from World Intellectual Property Organization.The recognize mode towards the well-known trademark has developed as passiveness recognize,separateness protection from the initiative recognition, according with international trend.,The third chapter,the desalt performance includes feebleness and uglify,there is not require both parties who exist the competitive relationship towards the con-desalt legislation of the well-known trademark,recognizing the desalt performance,is not the strict control with the result of reality.After the theory of con-desalt legislation,are accepted by many countries worldwide.America is comparatively consummate country regarding con-desalt protections of the well-known trademark.Our country hold not only the system but also not consummate and insufficiency towards the con-desalt protections of the well-known trademark.The author thinks that constituting the separate regulations on con-desalt protections of the well-known trademark,and constituting the rules of unite trademark and recovery trademark. The fourth chapter,the protection towards the well-known trademark, has extended to dummy world from realistic space at present.No matter the world or our country keep the same opinion.They keep the different opinions in lawyer area,one sides think that we should certainly and comprehensive protection,the other sides think that there must have the restrict towards con-desalt trademark protections,the author keep the opinion that the rape the trademark hostility is recognized as the well-known trademark tortuous.The conclusion is the summarize and conclude above paragraphs. The well-known trademark protection is continuously consummate from《Paris Convention on the Protection of Industrial Property》,to TRIP, the protection we hold towards the well-known trademark,is according with the demands of Paris Convention on the Protection of Industrial Property》and TRIP.We also keep the opinion that the rape the trademark hostility is recognized as the well-known trademark tortuous and constituting the separate legislation towards con-desalt protection of the well-known trademark.