Trademark Dilution Behavior And Anti-dilution Protection System Build,

With the advent of globalization and development of intellectual economy, the protection of trademark in China has already reached an advanced stage. Most of countries in the world have placed more and more emphasis on the protection of intellectual rights, and trademark right , as an important part of intellectual rights, draws a great deal of attention from academic circles. The concept of trademark dilution which forms part of trademark right theory can be illustrated as the act of reducing and blurring identification and distinctiveness of well-known trademark with the result of impairing or tarnishing the reputation of business and reducing commercial value. The necessity of developing trademark dilution theory has become imperative. By introduction of main issues in this field and analysis of anti-dilution measures and legislation in the world, this paper is aimed at improving the level of knowledge that is acquired on this topic, and then finding deficiency in trademark dilution stipulation in China. Finally, this paper advice on construction of legal system against the problem and deficiency of trademark anti-dilution protection in China, as far as legislation, judiciary and administration are concerned.This paper consists of four chapters.Chapter one: This chapter generally introduces the basic theory of trademark dilution. Starting with introductory statement explaining the concept of trademark dilution and characteristics compared with ordinary trademark infringement, this chapter expounds on two forms of trademark dilution according to the stipulation of"Trademark Dilution Revision Act Of 2006". Further explanation is given to the criterion of proof of trademark dilution—Likelihood of Dilution, after analyzing the nature of trademark dilution from the perspective of different types of subjects.Chapter two: This chapter mainly concerns rationality of trademark anti-dilution. Based on the analysis given herein, this chapter is aimed at enhancing the comprehension of trademark dilution and improving the quality of legislation scattering over different codes.Chapter three: Through discussion of international convention and case law adopted by other countries, the problem and deficiency in this field is analyzed in depth with respect to legislation of trademark anti-dilution protection in China. By analysis and reflection of problems existing in judgment delivered by Chinese judges, this chapter advices on how to complete legal system on this specific field from a realistic point of view.Chapter four: Considering the problems and deficiencies given herein before, this chapter discusses the possibility of construction of legal system in this field mainly through Trademark Law assisted by Anti-trust Law. It is suggested that administrative branch shall enrich types of management measures like web-supervision and judicial branch shall unify the criterion of application.