A Study On Chinese Well-Known Mark Protection System

Along with the development of China’s economy and the process of global integration, trademarks play an increasingly important role in the economic life and have become the best "salesmen" for operators. At present, China is the country with the most trademarks in the world. However, Chinese trademarks are not internationally competitive and have low additional value, which is not suited to the speed and scale of China’s economic development. As a kind of valuable intangible assets, well-known marks are becoming more and more important for enterprises in the international competition. With the increasingly fierce competition in the field of intellectual property rights in the world trade, a series of problems have emerged in China’s well-known mark protection system in recent years. Under such background, China made the third amendment to the Trademark Law 12 years after the previous amendment in 2001. Although this amendment further clarifies the well-known mark protection system, there are still many defects. Against the backdrop of China implementing the trademark strategy and transforming from a large trademark country to a trademark power, this paper takes the third amendment to the Trademark Law and its implementation as the background and proceeds from the basic theories such as the basic concept of well-known marks to analyze the current situation and existing problems of Chinese well-known mark protection system and to put forward suggestions on further improving the laws and regulations and the innovation mechanism system concerning the protection of Chinese well-known marks on the basis of comparing and learning the experience of advanced European and American countries and combining the relevant legislation and practice of China.This paper is composed of four chapters. Chapter One analyzes the general theory of China’s well-known marks by firstly defining the connotation of well-known marks and then explaining the essence of well-known marks. On this basis, it sets forth the legal sources and legislative status quo of Chinese well-known mark protection, including the regulations relating to the protection of well-known marks prescribed in Paris Convention and TRIPS, and the relevant laws, regulations and judicial interpretation formulated by China according to internationally-accepted practice. At last, it introduces the application of the three theories of well-known mark protection, namely dilution theory, confusion theory and association theory.Chapter Two analyzes the current situation and problems of Chinese well-known mark protection from three perspectives. Firstly, it talks about the dissimilation of the system of well-known marks in China and analyzes the forms of and reasons for such dissimilation. Secondly, it proposes that the scope of well-known mark protection is ambiguous and the protection is not strong enough. Finally, it expounds the problems existing in the protection of well-known marks from the aspect of criminal law.Chapter Three introduces the useful experience of European and American countries in protecting well-known marks and borrows such experience in combination with China’s actual situation to facilitate the protection of Chinese well-known marks.On the basis of analyzing the existing problems of Chinese well-known mark protection, Chapter Four puts forward the suggestions on making improvements in the subsequent legislative and practical operation.