On The Recognition Of Well - Known Trademark In China

Nowadays, as the economy is increasingly globalized and the international economic competitions are becoming more intense, the well-known trademarks are becoming more and more significant. Every country and district implement more laws and regulations to protect their own well-known trademarks, such as civil, administrative, economic and criminal laws. Moreover, due to our country's continuous involvements in global economy and the rapid development of market economy, the competitions between Chinese companies and those of other countries are becoming more intense, therefore, how to identify and protect the trademark properly have to be faced by the administration and the judicature.In order to take part in WTO,"Trademark Law"had been revised secondly in 2001. The revised"Trademark Law"regulates clearly the special protection of well-known trademarks, and two types of well-known trademark confirmation—the administration and the judicature. The standards of current well-known trademarks that applies in China are more elaborate than"Paris Convention for the Protection of Industrial Property"and"the Agreement on Trade Related Aspects of Intellectual Property Rights".In recent years, the amounts of well-known trademarks confirmed by the administration and the judicature have explosionally risen. The Chinese current well-known trademark confirmation system plays a positive role in well-known trademark protection. For the reason that well-known trademarks confirmed by different department, and the two departments did not have the same regulations of well-known trademark confirmation, which make well-known trademarks quite different that confirmed by the administration and the judicature. Beginning with the study for current well-known trademark confirmation in China, the thesis analyzes the defects, expounds the factors and puts forward a few suggestions of well-known trademark confirmation.Except for the foreword and the conclusion, the dissertation is divided into three main parts.The first part is to introduce Chinese well-known trademark confirmation from the legislation of well-known trademarks, study current administrative and judicial well-known trademark confirmation and state the present situation of well-known trademark confirmation in China.The second part is to analyze the current status of Chinese well-known trademark confirmation in details from different aspects, for instance, legislation, judicature and theoretical research, and to demonstrate the problems existing in well-known trademark confirmation.The three part is to introduce, compare and analyze the well-known trademark confirmation regulations of international conventions and other foreign countries, illustrating the factors, like significance, territory, the relevant public, the fame of the mark, that should be considered in well-known trademark confirmation, and put forward a few suggestions under well-knowm trademark confirmation system in the relevant laws.