A Research On The Limitation Of Trans-category Protection Of Well-known Trademark In China

In order to better protect the trademark owner’s legitimate interests and promote the development of market economy, China has established the system of trans-category protection of well-known trademark to conform to the trend of international intellectual property rights protection. A lot of relevant judicial practices show that related legislative defects have caused abuse of the system, expansive protection of well-known trademark should be limited reasonably. With reasonable limitation of trans-category protection of well-known trademark at the core, around two major problems:the unification of the infringement determination standard and the limit of the range of trans-category protection of well-known trademark, this paper analyzes the restrictive factors of trans-category protection of well-known trademark combining with cases and jurisprudential analysis and finally sums up some suggestions on reasonable limitation of trans-category protection of well-known trademark. Full text explores the necessity, legitimacy, feasibility of the limitation of trans-category protection of well-known trademark from two aspects of theory and practice. It aims at providing a feasible operational guideline for reasonably limiting well-known trademark’s trans-category protection in juridical practice, at the same time it has certain reference value on related legislation, as a result it helps to solve current problems of trans-category protection of well-known trademark in China.Except the preface and epilogue, this paper consists of4parts:Chapter1sets forth the current problems of trans-category protection of well-known trademark in China. Firstly the author introduces the connotation of trans-category protection of well-known trademark and the establishment of this system, then introduces its theoretical basis and at last sets forth two major legislative defects of well-known trademark’s trans-category protection in China.Chapter2deeply analyzes the restrictive factors of trans-category protection of well-known trademark from two aspects of infringement determination standard and the range of trans-category protection from the legal perspective.Chapter3leads to above-mentioned two major problems through the point of four typical cases. It aims at presenting the restrictive factors of trans-category protection of well-known trademark intuitively by empirical analysis and case inference.Chapter4puts forward some advices on reasonable limitation of trans-category protection of well-know trademark in China from two aspects of principle and strategy according to the exploration of the former two chapters.It points out that limiting well-known trademark’s trans-category protection should follow principle of interests balance, prohibition of abuse of rights principle and principle of proportionality. Anti-confusion standard should be adopted in the practice of legislation and jurisdiction and only meet all the restrictive conditions well-known trademark can acquire trans-category protection.