Discussion On Alienation And Regulatory Path Of China’s Well-known Mark

From the course of protection of well-known mark in China for more than20years, can reflect that the protection of well-known mark is getting stronger, butwell-known mark system itself has already alienated, as a legal symbol of well-knownmark has alienated into a social symbol, which well-known mark is an honor.Therefore, how to effectively reverse and regulate the alienation becomes a problemwhich our government including judicial department must face up to. To clarify thephenomenon of alienation of well-known mark protection system in China, on thebasis of connecting to the social reality, this article will specifically research the legalbasis of the the leaglsystem of well-known mark and make a classification andanalysis on the alienation of well-known mark, and the protection system ofwell-known mark, which goes through more than20years, will be placed in historicalcontext to analyze its causes and hazard. This article will seek a balance of theinterests and provides theory support for well-known mark protection by combiningthe basic theory of intellectual property and the value idea of the protection system ofwell-known mark. Than it will put forward measured, pointed and effective regulatorypath to solve the alienation. This paper is divided into four chapters to research onthese issues specifically. The first chapter studies the legal basis of the legal system of well-knowntrademark. By analyzing the legal system of well-known trademark’s background, thelegal system of well-known trademark’s legal nature to konw the well-knowntrademark. Meanwhile, exploring the well-known trademark protection system ininternational conventions and developed countries to discovery the development pathof well-known trademark system, and to lay a theory foundation for well-knowntrademark’s alienation.Chapter II primarily studies the current situation and the alienation of China’swell-known mark protection system. The new regulation with regard to thewell-known mark protection system on Trademark Law of the People’s Republic ofChina which amended on August30th,2013, as the breakthrough point, summarydifferent opinions and attitude from all sectors relating to their interests of provisionsand raise the discussion issue of this article--our local government, enterprises andconsumers etc. have a existing misunderstanding to well-known mark. At last pointingout that the alienation of well-known mark mainly includes two aspects: the ontologyalienation of well-known mark and the specific operation’s alienation of well-knownmark protection system.Chapter III focuses on analyzing the reasons behind alienation and hazards. Eachthing develops to different directions and appears alienation, eventually arising fromthe interaction between its historical factors and reality factors. By restoring thehistorical background of well-known mark, point out that the protection system ofwell-known mark had an alienation of bud at the beginning of transplantation andafter falls into the abyss of alienation under the influence of various interests in reality.From the perspective of China’s mark system and its well-known mark protectionsystem’s construction and perfection, viewing the alienation’s impact and damage,and pointing out the crux to help us to understand the well-known mark systemcorrectly. The forth chapter research the jurisprudential concept of regulation ofwell-known mark. Setting out from the legal concepts of the civil law system and theintellectual property system, it will study in detail on the theory of interests balanceand the principle of prohibition of abuse of rights etc., in order to found a legal basisof the well-known mark protection system, and provide concept support to addressalienation of well-known mark and perfect the well-known mark protection system.The fifth chapter is aimed at coming up with concrete and effective regulatorypath on the alienation of well-known mark protection system. On the one hand,summering and making comments on our country’s efforts for alienation ofwell-known mark; on the other hand, putting forward a multi-level, multi-angle, andall-round regulation path: from the legal concept’s setting up and conveying to theeffective improvement of the level of legal, and then to the social level to regulatesubject’s acts to achieve the return of well-known mark protection system.