The Trademark Anti-dilution Protection In China’s Legal Restrictions

Well-known trademark the term that has been more and more attention, when shopping, consumers are more likely to choose a well-known trademark, this is because the well-known trademark stands for quality assurance of goods or services, consumers tend to trust trust guaranteed a commodity or a service that is more well-known trademarks.Well-known trademarks, through its quality assurance and quality promotion for a long time, creates their niche in the minds of consumers, this is goodwill, this for the owner of the well-known trademark is a valuable intangible asset.This intangible assets by contains of value is huge of, by produced of interests is immeasurable of, also is because this huge of value interests makes famous trademark more easy by against, interests is tort people of power, famous trademark of value by produced of interests is famous trademark by against of most fundamental of causes, this against on will makes famous trademark of value by desalination, certainly this just damage in the of which is one of, Famous trade mark dilution will also harm the interests of consumers, as well as the orderly and equitable development of the Socialist market economy.Anti-dilution protection in order to protect the national well-known trademarks.In a number of laws and regulations in China provided for famous trademarks against dilution, also paid sufficient attention in this respect, both in legislation and in judicial practice.But then new problems have arisen in the course of protection, by people who don’t want urgent protection of well-known trademark dilution against overexertion caused by excessive protection of famous trademarks against dilution.On famous trademark of anti-desalination excessive protection of performance which a aspects is expanded has anti-desalination protection of range, makes some legitimate, and normal using famous trademark of behavior also was think is on famous trademark of of desalination, this virtually on expanded has famous trademark ownership people of right range, to famous trademark ownership people abuse power created has conditions, also also will damage consumers of interests and socialist market of ordered fair development.Any excessive use can cause side effects caused by an abuse of power, solution is to limit the excessive use of power.Same is true of well-known trademark protection, only limit well-known trademarks protection in order to prevent abuse of well-known trademark protection rights, which is the direction of the paper.Think this article should be of well-known trademark protection in China by legal restrictions limit the abuse of famous trademark owners of their rights, and this is mainly from the legislative regulation of well-known trademark protection for.Aim is to well-known trademark protection, and the protection limit finding the balance of interests between, among the well-known trademark and its limitation to maximize the benefits, in other words, to make the famous brand value and utility to the maximum, making the owner of the well-known trademark and to balance the interests of consumers and other competitors.It is also a well-known trademark protection for the purpose of the restriction.The content of this article is divided into four parts.First part of the well-known trademark dilution and overview of theory.Introduces the concept of well-known trademark dilution and forms also introduces the concept of well-known trademark of the legal analysis, further outlined a theoretical foundation for the article.The second part is the examination of well-known trademark protection in the law, including the well-known trademark protection in China investigates the State of legislation and justice, found in the survey of well-known trademark protection of merit, as well as areas that need improvement.The third part is the analysis of well-known trademark protection law restrict rationality.First is based on abuse of power and restrictions on the rights of the civil law theory, the theory of the balance within the IP system, as well as the perspective of intellectual property law legal transplants in China well-known trademark protection law restrict rationality analysis.And analysis without limiting the problem caused by the well-known trademark protection includes limiting free competition, harm the interests of consumers, limits public freedom of speech.The fourth part of the well-known trademark anti-dilution protection countermeasures legal restrictions.Primarily through restrictions on the application object, the provisions cannot be considered exceptions to the well-known trademark dilution, a range of legislative proposals and a clear span-class protection for consideration.Article advocate views that well-known trademark protection is a trend, but now the excessive protection of famous trademark anti-dilution there have been problems, problems need solutions, limited well-known trademark protection in order to solve these problems it is necessary to study the.Limit well-known trademark protection is essential in order to enable better protection of well-known trademark so as to be able to play its greater value, balancing the interests of all parties., On the other hand in order to make the intellectual property system to be more perfect.