China’s Well-known Trademark Judicial Recognition System Research

The well-known trademark recognition in our country has experienced thedevelopment course from the administrative active mass recognition to the individualpassive case recognition, from the signal track of the administrative recognition to the dualtrack system of the administrative and judicial recognition. Judicial recognition inwell-known trademark exits many problems in the large difference of the individual casehandling, the frequent fictitious actions, the judicial corruption, the abnormal jump in thenumber of well-known trademark and the low awareness in the public and so on.Therefore, the seriousness in the resulting system of well-known trademark recognitionand the judicial reputation are damaged, the credibility in the well-known recognition ofthe well-known trademark is reduced, but also formed the unfair competition. The judicialrecognition problems in the well-known trademark exist the following reasons：thecognitive dislocation of the well-known trademark as the honorary title, the interestsdriven in the well-known trademark enterprises and the local government, the defects inthe related legislation, the defects in the implementation of the supporting mechanism, andthe more convenient administrative recognition. The improvement of the well-knowntrademark judicial recognition system needs to be clear the recognition principles in “thepassive recognition”,“the individual case for effective”, and “the strict scrutiny”; to bestrict in standardizing the party status review, the recognition of the evidence material, theidentification of famous trademarks and the judicial documents writing process; to beperfect in the system of registration, the application for an outsider to cancel falselitigation system, and the false litigants written judgment of criminal punishmentmechanism; to be further standardized in the enterprises involving well-known trademarkadvertisements, the related reward policy in view of the well-known trademark to the localgovernment; the propaganda education work of the well-known trademark.