Research On The Restriction Of The Right Of Wellknown Trademark

With the development of intellectual property rights, trademarks rights gradually being valued. Trademark is a guarantee of quality and reputation, law gives greater protection of well-known trademarks than ordinary trademarks, but only given rights are not restricted, there will be many problems, leading to wellknown trademark owners abuse their trademark rights to undermine the rights of other trademarks. Legal restrictions in the identification and the right execution of well-known trademarks in China there are many flaws,this is also abuse of legal protection of well-known trademarks and an important cause of alienation.This article focuses on three aspects of the restriction of the identification and the right execution of well-known trademarks, first part starting from the rationality of the identification and the right execution of wellknown trademark restrictions, elaborated on the current China’s trademark protection system, as well as restrictions on the identification and the right execution of well-known trademarks in China the necessity and feasibility. From the principle of prohibition of abuse of rights, the principle of balance of interests and needs theory of fair market competition, provide theoretical support for the the identification and the right execution of wellknown trademark restrictions, and from the point of view of theory and practice of well-known trademark legal limits of feasibility are discussed. Second part directly from the problem of restriction of the identification of well-known trademarks in China, legal protection for famous trademarks--the premise of well-known trademark of strictly limited, first judicial and administrative subjects of well-known trademark restrictions, and found that the main legislative recommendations are made. Second, the standard limit of well-known trademark, to limit the criteria selected and to quantify standard provisions, final of well-known trademark of effectiveness from the putative binding limit and retrospective aspects. Third part from wellknown trademark people’s right exercise of angle on famous trademark right limit, for famous trademark right people right abuse of several problem:will famous trademark for advertising publicity, limit others on famous trademark of reasonable using, limit prior right people of right exercise and famous trademark right people any of license using and transfer famous Shang standard, problem, one by one be limit, and on finds, and license using and transfer provides strictly of program. On the perfection of the laws and regulations at the same time, we should strengthen the rights of trademark system from the aspects of understanding, to the well-known trademark law to regulate and restrict, make our country’s well-known trademark protection system more perfect.