On The Well-known Trademarks Judicial Determination Procedures

The well-known trademark judicature recognized is a hot topic in trademark dispute, also is a domain with many questions. 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. 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 three parts besides the introduction the conclusion:Part I is the well-known trademark summary. From surely starting off in connection with international convention , on the developed country , our country and learning to conceptual boundary of the well-known trademark,sum up out the definition not having had unified but authority to the well-known trademark , bring forward the main body of a book to conceptual understanding of the well-known trademark; The diversity from the well-known trademark sets mind on way starting off , the conflict analysing administration and the judiciary setting mind on way this two kinds shows, and then sets forth from law formation and aspect such as effect, the efficiency ruling theory , law by law the theory and practice basis that the well-known trademark judiciary sets mind on.Part II is that the well-known trademark judiciary sets mind on principle. The judiciary having discussed the well-known trademark sets mind on this part responding to two internationals abiding by go through principle: Passivity sets mind on principle and case having effect principle, and the main body of a book to think that fairly respond to the reason necessaries abiding by set mind on principle , examine on self's own initiative principle and development set mind on principle.Part III is the procedure that the well-known trademark judiciary sets mind on. This is the main body of a book the priority part, has designed that the interested party charges with , the interested party enumerates the procedure that the certificate , judiciary judgement and court decision four well-known trademarks judiciary set mind on combining with set mind on the well-known trademark current situation , secondary at present judicial our country jurisprudence and their practice feasibility.