Study On The Restrictions To On Well-known Trademark Anti-dilution Protection

At present, China has adopted well-known trademark anti-dilution system to protect the goodwill of the well-known trademarks. However, the undue expansion of the right of the well-known trademarks and the abuse of the anti-dilution system will infringe upon the free speech right, harm the interests of other business operators and disturb the competition order. Therefore, the reasonable expanded protection for well-known trademarks shall be ensured, but China shall also establish the restrictions to the anti-dilution system as well.This article focuses on the restrictions to the well-known trademark anti-dilution system, introduces the basic theories of trademark dilution, discusses the rationality and presents conditions of the anti-dilution system in China in terms of theory and practice. Based on the above, the author analyses the restricting factors of the anti-dilution system, and proposed amendments to the present relevant legislation.The 1st chapter introduces the origins, major developments, meaning, essentials and types of the trademark dilution to provide the foundation to analyze the restrictions to the anti-dilution system on. The 2nd chapter expounds the rationality of the expanded protection of the well-known trademarks, and the necessity to prevent the abuse of the ell-known trademark rights. The 3rd chapter analyses the present situations of the anti-dilution protection in China in terms of current legislation, judicial protection and administrative protection. Upon intensive study into the newly-decided dilution cases, the realistic problems arise and the efforts the judges made to find a better way to restrict the anti-dilution protection to a reasonable extent shall be appreciated. The last two chapters discuss the restricting factors to the anti-dilution protection and the specific amendments to the present legislation.