Research On Related Problems Of Judicial Determination Of Well-known Trademarks

Well-known trademark legal system appeared in the law and regulations in ourcountry is relatively late, the concept of well-known trademark first appeared in1996in the State Administration for Industry and Commerce of the "well-known trademarkrecognition and management Interim Provisions" in1982and1993, the "trademarklaw" is not related to the well-known trademark law. After modifying the "trademarklaw" in2001, Judicial determination of well-known trademark has experienced rapiddevelopment. However, China’s protection of well-known trademarks is carried outvery early, and constantly improved. The people’s court for judicial recognition ofwell-known trademarks began in2011, after the judicial determination of well-knowntrademark has experienced rapid development, which also exposed many problems,mainly is that the standard is difficult to grasp and not uniform, some courts have notstrictly abide by the principle of well-known trademarks, publics’misunderstandingexist erroneous, trademark fraud litigation in judicial determination of well-known etc.This paper is divided into five chapters, mainly discuss some problems for theory andpractice of judicial determination of well-known trademarks, and puts forward someimproving measures, and strive to improve and promote the development of China’swell known trademark judicial cognizance. Specifically, mainly includes:The first chapter summarizes the basic theory of the well-known trademark.Defined the concept as " well-known trademark is that with high visibility and thespecial legal protection of trademarks”, compares the difference between famousbrand and famous brand, famous product specific name. In nature, the well-knowntrademark is the essence of a dynamic state of fact, any trademark is likely to becomewell-known trademarks, system recognition and protection of well-known trademarksin order to safeguard the rights of human interests rather than giving its brand aspecial title. The characteristic of the well-known trademarks mainly realized moresignificant, the particularity of the protection, greater value, as disposable andregistered non necessity. The second chapter mainly introduces the legal protection of well-knowntrademark status in home and abroad. Internationally,"Paris Convention" and theTRIPS protocol of the well-known trademark protection provisions, American,European Union, Japan and other countries and regions respectively according to theirown situation to the well-known trademark specification. International conventionsand the relevant provisions of the trademark system developed countries gave us a lotof inspiration and reference value. In domestic law, the concept of well-knowntrademark first appeared in1996in the State Administration for Industry andCommerce of the "well-known trademark recognition and management InterimProvisions" in1982and1993, the "trademark law" is not about the well-knowntrademark law. After modifying the "trademark law" in2001, get further to thewell-known trademark specification.The third chapter summarize the judicial determination of well-knowntrademarks in china. Judicial determination of well-known trademarks in history,China has experienced the initial stage (before1996), the well-known trademarkadministration separately identified stage (1996to2001) and the well-knownidentification and administrative identification. With the development of trademarkjudicial (since2001). From the identification organization and procedure ofrecognition of well-known trademark administrative and judicial cognizance of thedifferencet.The fourth chapter focuses on issues related to China’s well-known trademarkjudicial cognizance. Judicial determination of well-known trademarks of thesignificance and necessity in nature is consistent with the trademark rights, strengthenthe protection of well-known trademark from the root, but also fulfill the internationaltreaty. The well-known trademark judicial cognizance for nature, we think that itbelongs to recognize a fact. Principle of judicial cognizance of well-known trademark:case ascertainment principle, passive recognition principle, according to need to bedetermined and the principle of public interest. China well-known trademark judicialcognizance standard mainly has: time standards, regional standards, visibility,reputation standard standard. Determination of applicable scope includes three kindsof famous trademarks of our country judicial, a similar goods infringement ofunregistered well-known trademark rights case; the second is not similar goodsinfringing registered trademark rights case; the third is the name of the enterprisewell-known trademark infringement human rights cases. At present, trademarkjudicial practice is the main problem of China’s well-known:1.that conflict with administrative justice;2. judicial cognizance standard is not unified;3. well-knowntrademarks of false litigation. And the causes of the problems are analyzed.The fifth chapter puts forward some suggestions to improve China’s well-knowntrademark judicial cognizance from two angles of theory and practice. Explorationand perfection of legislative theory include:1. improve the protection of unregisteredwell-known trademarks;2. improve the protection of well-known trademark theory;3.well-known trademark judicial cognizance standard quantification;4.coordinatejudicial and administrative;5.perfect the trademark usage rules. In the judicial practicerecommendations include:1.strictly follow the well-known trademark judicialcognizance principle;2.to strengthen the review, to stop the well-known actionlitigation false trademark;3.well-known trademarks cases into expert consulting, jurysystem of the judicial;4.perfect the construction of intellectual property judicialorgans, improve the intellectual property adjudication personnel quality.