The International Protection Of Well-known Trademark In The Network Environment

Since the enactment of the Paris Convention on the Protection of IndustrialProperty, the system of international protection of well-known trademark has had ahistory of nearly a century. During this period, Agreement on Trade-Related Aspectsof Intellectual Property Rights ("TRIPS Agreement") has further developed theprinciple provisions of the Paris Convention. However, since1991the emergence ofthe World Wide Web, the Internet has brought a revolutionary change to manyaspects of the whole world, especially the fierce collision between the globality andopenness of the network and the territoriality and exclusivity of the traditionaltrademark. In front of many new patterns of trademark infringement, the traditionaltrademark protection rules seem to be at a loss. Thus, new change or innovation ofthe traditional protection system adapt to the changing world will be imperative.The first part of this thesis starts from the development and evolution history ofthe international protection of well-known trademark, and then analyses the newpatterns of well-known trademarks infringement in the network environment. That iswhy the international protection of well-known trademark enters a new world ofinternet where the old rules no longer apply.The second part of this thesis introduces the main principles, legislation andpractice of international protection of well-known trademark in the networkenvironment at home and abroad, especially the USA Federal Trademark Dilution Act of1995, ACTA, UDRP and new gTLD application program launched byICANN.The third part of this thesis makes a concise introduction to the status quo of theChinese well-known trademark protection system and puts forward somesuggestions for Chinese companies about how to protect their well-knowntrademarks in the economic globalization.Combined with the aforementioned content, the fourth part of this thesis putforward some suggestions about how to improve the protection rules and to build anew system to protect well-known trademarks in the network era, such as how tocomplete the registration and management system of the domain names, how todefine the trademark infringement in the network environment and how to identifythe indirect liability of the network service providers.The whole world is now entering a new era, the Internet age; our traditionalrules now face a dilemma, so we should recognize the inevitability of change in theinternational protection of well-known trademark in the network environment.