| Based on the substantial goodwill in the minds of consumers and a strong market uptakeJin Li, a well-known trademark gradually turned into a "lamb" being trampled upon, andcross-class protection has become a weapon of the special protection of well-knowntrademarks. In this regard, the international community and governments to do the appropriateresponse and to take certain measures, China has also established a "Trademark Law" Article13, paragraph2, cross-class protection system as the backbone. However, due to a clearunderstanding of the theoretical basis of cross-class protection, in practice there has beenvague relevant legislation, judicial N unification For effective solution to this problem needsto distinguish from the source dilution theory and confusion theory in cross-class protectionContext boundaries and clear each applicable space and Conditions. Start from the basictheory of cross-class protection of well-known trademarks, by drawing on the extra-territorialsystem rules, analysis, and evaluation of our current system of the status quo, and thecombination of existing theory and practice of pointing out the deficiencies and improve theprogram, and finally focused analysis of well-known trademarks compensation and limitationof cross-class protection.Text, in addition to the introduction and conclusion, is divided into four parts:The first part focuses on combing the theoretical basis of the cross-class protection ofwell-known trademarks. On the one hand: With the continued development of the marketeconomy and social progress, the scope of protection of trademark rights, efforts to graduallywas expansion trend, while the well-known trademarks urgent need to get the appropriatetreatment bears an abundance of goodwill from the historical dimension, this when thecross-class protection as special protection path that should be timely. On the other handstressed Description: The expansion of any of the rights can not be separated from the strongsupport of the theory, cross-class protection of well-known trademarks should be noexceptions, dilute Justification Theory and confusion theory from a different perspective,cross-class protection, while only a clear the boundary points difference between the two andthe applicable conditions, cross-class protection system in order to improve the well-knowntrademarks in China, which provides for judicial unified scale.The second part details the extraterritorial legislation related to the cross-classprotection for well-known trademarks, and appropriate Analysis. Cross-class protection of well-known trademarks in the level of international treaties, experienced a course fromscratch, the theoretical basis to achieve a shift from vague to more specific, but theconnotation of well-known trademarks have not been precisely defined; legislation in variouscountries level, the United States, France, Japan and other countries have specific trademarkcross-class protection, but is not the same as the conditions and the degree of protection. Thein-depth study, to learn from these international treaties or country-specific practices forcross-class protection system of the type configuration of well-known trademarks in China isof great significance.The third part of the hierarchical list of our current well-known trademarks frameworkof cross-class protection system, and made an in-depth explanation. Cross-class protectionsystem is based on the existing well-known trademarks in China "Trademark Law" Article13paragraph2to build up as the backbone, and is limited to registered well-known trademarks.The Multidimensional Interpretation through its history, the context, the overall perspectivewe can conclude that this cross-class protection is based on a well-known trademarks toconfuse the theory-based, rather than some scholars claimed dilution theory. However, Fa Shi2009to respond to the real needs and actively promote the application of the dilution theory,provide reasonable evidence that judges decide cases. The actual settle a lawsuit, the judgehas immodestly application from the dilution theory.The fourth part of a comprehensive summary of the shortcomings of the protectionsystem across categories of well-known trademarks in China and do their best and the perfectprogram. Mainly includes three aspects: First, China’s current cross-class protection of thetheoretical basis of the well-known trademarks misconceptions have caused the deviation inthe fuzzy on the legislation and practice: dilution theory without application of space; explainthe no legal basis; relevant judicial confusion. This requires us to timely institutionalreconstruction in order to effectively solve the problem. Second, due to its own particularity,such infringement should implement different from traditional tort compensation system thatinjunctive relief. Third, cross-class protection for well-known trademarks should also besubject to certain restrictions, which according to its desire there across categories registeredtrademark of the main different specific judgments. |
