On The Well-known Trademarks In China Extraterritorial Cybersquatting And Countermeasures

With the continuous improvement of China’s market continues to improve and thedegree of market-oriented economic system, China has emerged a large number of enterpriseswith higher market visibility, products or services of good quality. In the process ofinternationalization of the market, these enterprises are not satisfied with a small domesticmarket, will have eyes on the international market, in order to obtain a more broad space fordevelopment. Regrettable and worrying, however, that the Chinese enterprises to enter theinternational market in the road is not easy, of which there are many obstacles the theenterprise known trademarks in China extraterritorial cybersquatting many enterprises have toface problems. The purpose of foreign cybersquatting well-known trademark of China’senterprises, some want to take advantage of the popularity of our corporate trademark to openup markets in their countries or regions; plenty to prevent Chinese enterprises to enter toachieve its purpose of market exclusivity; there is an attempt to get a huge transfer fees.Regardless of cybersquatting is what kind of purpose, will not only damage to the interests ofChinese enterprises, and more interested in China’s enforcement of intellectual propertystrategy caused huge obstacles, is not conducive to the development of our national economyand overall national strength. Therefore, at this stage, extraterritorial protection of well-knowntrademarks in China is extremely necessary.This paper is divided into four main parts:The first part of well-known trademarks extraterritorial cybersquatting Overview. First,the definition of well-known trademarks extraterritorial cybersquatting, that well-knowntrademarks extraterritorial cybersquatting squatting, is a tort. Then analyzes the characteristicsof well-known trademarks extraterritorial cybersquatting presented legal attributes, and to stop extra-territorial protection of famous trademarks to confuse theory, toprevent dilutiontheory, legend theory legal basis, and thus leads to the significance of well-known trademarks.The well-known trademarks have an irreplaceable role in the implementation of intellectualproperty strategy of Chinese enterprises and China.The second part of the status quo of China’s well-known trademarks extraterritorialcybersquatting discusses well-known trademark cybersquatting is extraterritorial harm causedto consumers, businesses and countries, and thus was well-known trademarks extraterritorialcybersquatting why, that well-known trademarks in China continuewas extraterritorialcybersquatting mainly because the reasons for the characteristics of institutional reasons oftrademark rights,, trade marks its own regional and property, etc, Chinese enterprises do notpay attention to a variety of reasons, such as international registration of trademarks.The third part is the legal basis of the well-known trademarks extraterritorialprotection at home and abroad. The Convention from developed countries such as the UnitedStates, the United Kingdom, France and the Paris Convention for the protection of intellectualproperty rights, the TRIPS Agreement, the provisions on the protection of well-knowntrademarks joint recommendation "as well as the provisions of China on the protection ofwell-known trademarks to explore known trademarks extraterritorial protection, and putsforward the countermeasures of extraterritorial protection of well-known trademarks toprovide a legal basis.Finally, protection countermeasures to prevent well-known trademarks in Chinaextraterritorial cybersquatting. To strengthen trademark protection, mainly from thewell-known trademarks to improve legislation and corporate governance functions threeaspects to explore countermeasures to prevent Chinese enterprises well-known trademarkcybersquatting is the extra-territorial and extra-territorial cybersquatting, in order to ultimatelyachieve the purpose of the protection of well-known trademarks in China.