The Legislative Defects And Reconstruction Of China’s Rape

With the in-depth development of Chinese market economy, competition betweencommercial main market is becoming increasingly fierce.Some enterprises in order to gain anadvantage in the competition, put in a lot of money, time and effort to carefully cultivate theirown trademark.But when ordinary trademark upgrade highly identify significant commercialadvertising value of well-known trademarks, it was the free use of the production of a numberof unscrupulous operators.Some use behavior in the field of non-competitive goods orservices, which is beyond the scope of confusion theory "jurisdiction",but this time the birthof dilution theory can solve that.Because it is focused in the non-competitive the behavior ofthe field of sexual goods or services of another person’s trademark use.However usagebehavior is causing consumer confusion or not, as long as possible to weaken theidentification of well-known trademarks significant or damage the reputation of thewell-known trademarks, caused to property accumulated by the well-known trademark rightson the trademark damage, it should be banned.So,It is clear that the theory focused on theprotection of the interests of the owner of the trademark. As for the protection of the interestsof consumers, it is confusing theoretical concern.Dilution theory continuously fromgeneration to mature, all the way controversial, but the final conversion for the legal system,legislators conquered many countries. However,on the contrary, our legislation has no realdilution theory or using a confuse the premise dilution theory distorted in addition, andwhen the judges in the judicial practice faces the trademark Dilution disputes，it is also a verydifferent way and to understand trademark Dilution Theory.But in recent years, China’strademark Dilution disputes are on the increase, so,the cruel reality calling our legislatorsmust respond, and the best response is to fill on the existing legislation in the well-knowntrademarks Anti-dilution protection system lacks blank, so as to better protect the legitimateinterests of the well-known trademark rights for the development of the social marketeconomy in China injection greater vitality. The text of this paper is divided into a total of four parts: the first part is the topic of thisarticle "trademark dilution" proposed. The introduction of the China Intellectual PropertyNews in2009reported a highly controversial trademark administrative dispute between theexecutive and the judiciary. The case was exposed on China’s Trademark Law,"13, paragraph2, and Fa Shi [2009] No.39, paragraph2, of the understanding of the conflict, triggeredacademia and practical thinking again on China whether the trademark anti-dilutionprotection provisions, whether China’s legislative dilution theory. The second part is to dilutean overview of trademark theory of the origin, and give an short introduction of the conceptof nature, as well as characteristics, this third part of the key analysis of trademark dilutionlegislative, judicial rules of its existence made a understanding of the problem offoreshadowing. The third part is the focus of this article, the author focuses on dialysisChina’s legislative, judicial regulation of trademark dilution and analysis of the mainproblems. The fourth part: the aim of learning foreign representative dilute the legislation.Particular, a detailed analysis of the legislation of the United States, as well as the meaning ofArticle16, paragraph3, of the Trips Agreement, because the U.S. trademark dilutionlegislation current situation is relatively mature, for our reference, Article16paragraph3ofthe Trips Agreement with China’s Trademark Law "Article13, paragraph2, are closely linked,and wish to figure out the13legislative implications in great need to carry out a full analysisof Article16, paragraph3, of the Trips Agreement; combined with China’s specific nationalconditions, proposed to build well-known trademarks in China Antidilution legislativeproposals of the protection system, the part is another focus of this article, in addition tosystemic difficulty as well as innovative point where. Determine the the Trademark Dilutionof the legislative system, the constituent elements of the concept and to define its definition oftrademark dilution, clearly defines the types of trademark dilution, trademark dilution,trademark dilution exclusions and trademark dilution remedies specified.