Study On Judicial Recognition Of Well-known Trademark In China

In this paper, historical analysis, empirical analysis and induction judicial determination of well-known trademarks in China to study, in addition to the introduction and conclusion, the body into four parts. The first part of the concept of well-known trademark and finds an overview of patterns, while judicial determination of well-known trademarks in China to sort out and resolve system development. The second part of the judicial practice in cases and judicial interpretation of the latest well-known trademarks of the passive judicial determination finds that the effective demand and case identified three principles, scope, and that standard. The third part of that process of judicial determination of well-known trademark problems, these problems are mainly well-known trademark all over the court finds that the consideration is not unified; well-known judicial determination of a false trademark litigation; well-known trademarks vulnerable to judicial determination of local protectionism interference; Justice identified with the administration of conflict identified. Address these issues analyzed and summarized the causes of the problems, mainly because they found the system of judicial legal system is not perfect, the enterprise of "judicial recognition Chi" as a marketing tool, the role of dislocation in some local governments, public superstition in the well-known trademarks, judicial determination of the supervision mechanism is not perfect. The fourth part of the well-known trademarks for the judicial determination of well some of the system, including clearly identified standards, the introduction of anti-dilution system; through judicial interpretation to the development of special well-known trademark of the civil proceedings; judicial determination to introduce an expert system; establish pre and things in the judicial determination of legal supervision system; norms of practical well-known trademarks, publicity; regulate local government behavior; the establishment of judicial and administrative identify coordination mechanisms identified.