| Well-known trademarks system comes into being and gets the steadily improvement, which is incidental to the development of commodity economy. In July 2001, the Supreme People's Court published the Interpretation Concerning Several Issues in the Application of Law During Adjudication of Civil Cases Involving the Protection of Internet Domain Name, which made it possible for recognizing the well-known trademarks in judicial procedure. Since then, as the constant development of the judicial practice, the system of the protection of well-known trademarks in judicial procedure is established and gradually improved. So far, china has formed the system of the protection of well-known trademarks in judicial procedure, the main content of which is the relevant laws and regulations, the judicial interpretations and the judicial precedent.In recent years, the protection of well-known trademarks have heaped a harvest; however, due to the faultiness in systematic designation and the publics'misunderstanding, juridical practice of the protection of well-known trademarks deviated from the right way, that is alienation, for instance, treating the well-known trademarks as honorary titles and propaganda tools; making a over-tight association between trademarks and commercial quality; driving exclusively for well-known trademarks lead to plant false evidence for a safe recognition, which open a door to judicial corruption.So as to deal such problems of alienation and make our system of the protection of well-known trademarks in judicial procedure into standardized track, it is necessary for us to make some improvements on institution of law, juridical practice and social expectation, which will promote a constant improvement on judicial protection system, protect the legitimate rights and interests of well-known trademark owners and assert the public interest. Only in this way shall we establish a fair and orderly market order and promote the benign development of market economy. |
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