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Legal Issues Well-known Trademark Dilution

Posted on:2013-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J F ZhuFull Text:PDF
GTID:2266330425950480Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
In the economic globalization today, the accelerating pace of all commodities with the internationalcompetition degree is more and more fierce. Enter the twenty-first century later, in the development ofChina’s economy is rapidly into the world of large areas of the economy, China’s commodities market grewinto the world economy is the indispensable important parts. With all the various social knowledge therapid economic development of perfect, a well-known trademark intellectual property has to be the nationalinterest group in international market competition of the important one of strategic resources. Therefore, theworld more and more countries have been will be well-known trademark and well-known trademarkproperty rights protection on the development of national economy on the strategic height, takingappropriate legislation, which develop conform to protect their own country to the situation of thetrademark dilution development strategy.The economic development of our country and most extensive economy is given priority to, or in thecommodity market overall innovation ability is relatively poor. In the fields, about the trademark dilutionprotection measures, legislative supervision and a lot of defects. But well-known trademark in the globalmarket competition, whether in goods of a specific commodity within the industry also to global marketneed or, well-known trademark has a huge potential commercial value. Thus in the huge economic interests,driven by the illegal behavior person the illegal use of well-known trademark for illegal income to thebehavior is rampant, these illegal behavior in the market nowadays, the complex structure to a wide varietyof goods, the form of infringement is also more and more diverse, for the well-known trademark of all legalreputation and economic damage also have each different. So for now the well-known trademark damageincreasingly fierce, should be the lawful rights and interests of the well-known trademark protection takemore special and comprehensive measures. Especially in China’s accession to the WTO, international afterthe competitive goods poured into the market of our country in our country, the well-known commoditiesmarket competitiveness and famous trademark market power make up a impact, so nowadays, how to openin domestic and international market of our country has good protection of the lawful rights and interests ofthe well-known trademark, market competition is becoming more and more important, so the theory ofdilution of trademark protection method and the academic research is more with the real significance.Based on the current our country the trademark dilution of the specific situation, protect focused onthe greatest degree of perfect our country’s theory of dilution of the trademark of the construction and thepractical application of the theory of dilution, from the introduction to the theory of research at home andabroad, in investigation, our country the trademark dilution protection perfect and Suggestions of thetrademark dilution legal protection for a comprehensive system of research. Text in this thesis of the mostimportant part of the text, opening the first defined with the trademark dilution theory, and protect thespecific related concepts and theories research question, in which specific needed involved with the well-known trademark dilution the concept and the origin, for well-known trademark dilution of theclassification of the actual type and specific performance and so on, this part of the final qualitative thewell-known trademark dilution of nature. Next, in the legal protection of well-known trademarks of thespecific target ascertained a chapter, you of well-known trademark dilution of behavior in the objectpellucid contrast to define can become desalination behavior of the specific conditions of object, what arethese specific conditions and from summarizing trademark dilution caused the subjective factors which afew specific have, this part of the last and the actual damage to desalt behavior and possibility of thedamage is made quite judgment. In the third part of the paper, in combination with the actual situation ofmarket analysis of our the trademark dilution of the specific situation and species protection of China’sterritory, and execute the trademark dilution protection in the process, various existing regional problemanalysis are summarized, and on this basis to further through the system and law desalination abroad andthe development of valuable experience for reference in our country, the research that of the trademarkdilution from the Angle of legislation alone considerations. And then in the well-known trademark dilutionof the general terms and perfect the system of the well-known trademark defense and build and perfect ourcountry, the paper puts forward the trademark dilution system suggestion. In the trademark dilutionseparate legislation, the paper puts forward the consideration to the national "issued by the trademark lawprotection content is given priority to, combining with the anti-unfair competition law on the whole thetrademark dilution of the construction of the law; In general terms, the desalination to weaken the specificterms related to the carries on the introduction and perfect our country, to rich trademark protection lawsystem of perfect degree.
Keywords/Search Tags:well-known trademark, The theory of dilution of trademark, Thedesalination protection, Legal construction
PDF Full Text Request
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