Research On The Anti-Dilution Of Well-Known Trademarks In China

The well-known trademark plays an important role in the market economic activities,and the phenomenon of violating well-known trademark is common in the market competition.Among them,the dilution of well-known trademark is a kind of behavior that seriously damages the intrinsic value of well-known trademarks.As people's awareness of the importance of well-known trademark is constantly deepened,the trademark anti-dilution protection laws in Anglo-American law system and continental law system have been established successively.Therefore,building up the trademark anti-dilution system in China can be used for reference.There is not clear stipulation to the anti-dilution protection of well-known trademark in China's existing laws and regulations,but it often appears such kind of phenomenon that weakens or demonizes the well-known trademarks of others in the market competition.In order to protect the owners' interests of the well-known trademark,it is necessary to improve our country's legislation on the protection of well-known trademarks.In this paper,we take the problem of the well-known trademark anti-dilution as the research object.We discuss it on the basis of theory and practice.This paper is discussed from the following four parts.The first part expounds the basic content of the anti-dilution theory of well-known trademark.Firstly,analyze the provisions of China's relevant legislation and judicial interpretation,expound the concept of well-known trademark anti-dilution,the dilution determination of trademark and anti-dilution property;secondly,combine academic views and the development of well-known trademark anti-dilution theory,further discuss the rationality of anti-dilution system with the support of establishment of well-known trademark anti-dilution theory.The second part expounds the current situation and judicial practice of China's well-known trademark anti-dilution legislation.Firstly,point out the related content of trademark anti-dilution in the trademark law,the anti-unfair competition law,trademark identification and protection regulations and local regulations;Secondly discuss the existence and application of anti-dilution theory of China's well-known trademark dilution in the judicial practice,and discuss the judicial application of anti-dilution;Finally further analyze the relationship between anti-dilution of well-known trademark and anti-unfair competition in order to laid the foundation for establishment of a complete anti-dilution system.The third part analyses the main problems of the well-known trademark anti-dilution in China.China's well-known trademark anti-dilution system lacks clear theoretical basis,having conflict between well-known trademark identification procedures and identified principles,does not clarify the legal relationship between judicial cognizance and administrative cognizance,does not establish conflict resolution mechanism of judicial and administrative cognizance,is lack of unified judicial rules in judicial practice,and we have not formed a complete system of anti-dilution system and perfect legal relief way,etc..The fourth part expounds the system improvement and corresponding countermeasures of China's well-known trademark anti-dilution.The establishment of trademark dilution law concept and the establishment of the anti-dilution system in our country should be clear in the relevant legislation.We should strictly implement the "passive identification-single case effectiveness" principle,unify judicial rules,establish a joint trademark and defensive trademark system,take "Anti Unfair Competition law" as the supplement of "trademark law".To improve China's well-known trademark anti-dilution protection countermeasures,require the exclusion of confusion and interference and define the behavior of trademark dilution.The judicial organs of China and trademark administrative organs strength communication by regularly holding a joint meeting to communicate,increase publicity and guidance,encourage the public to establish the correct concept of well-known trademark,enhance protection awareness of enterprises and consumers to the well-known trademark,strength law enforcement of the well-known trademark anti-dilution,standardize the application of well-known trademark in judiciary;protect owners of well-known trademark to get timely legal remedies from dilute infringement in their goods or services.Learning relevant legislation and system of developed countries,combing with China's practice to solve the legal problems of trademark disputes,we should promote theory and system development of the well-known trademark anti-dilution,accurately use anti-dilution theory in judicial practice,and protect the legitimate rights and interests of the well-known trademark owners.