A Study On The Legal Problems Of Well-Known Trademark Operation In China

As the bridge connecting innovation and market,well-known trademarks have the outstanding value for protecting incentive innovation.With a fast growing of the brand value represented by the well-known trademarks,the international famous brands continue to conquer the international market,and the brand name construction for China's well-known trademarks is faltering.With research direction of well-known trademark operation legal system,this paper is to explore the existing obstacles during Chinese well-known trademarks in brand economy,to analysis deeply for the legal principles behind well-known trademark operation,to extract the principles and guiding theory for well-known trademark operation.Through theoretical guidance to solve the problem of well-known trademark operation,and finally China's well-known trademark operating mechanism will be built,in order to promote the implementation of China's brand strategy.China's well-known trademark operation research is still in beginning stage,and the research are mostly focused on a certain stage of well-known trademark operation,the lack of systematic research on well-known trademark research.In order to prevent appearance for the one-sidedness of well-known trademark operation research process,this paper firstly draws on the theoretical system of capital operation.It discusses the basic legal theory of well-known trademark operation from four aspects: the legal concept of well-known trademark operation,the legal connotation of well-known trademark operation,the legal model of well-known trademark operation and the legal level of well-known trademark operation.This paper laid a theoretical basis for operational legal issues during systematic research for well-known trademarks.With references of a large number of domestic and overseas data,this paper combines with current domestic and overseas hot cases.This paper makes a comparative analysis of the system of three levels for nation,company,intermediary agent,and summarizes the current situation and operational practice of the well-known trademark operation in domestic and overseas,in accordance with the implementation of China's trademark strategy of the four stages: create,evaluate,use,protection.This paper summarizes the legal problems in the operation of well-known trademark in our country,concludes the difficulties in the study of the well-known trademark operation,and analyzes the representative issues of induction from the following legal aspects:Firstly,trademarks have the legislative basis and the operational feasibility of the property function to create a well-known trademark operation legal system of doubt;Secondly,make authentic right through the consideration of the interests of the right to consider the principle of division of ownership of the right;Thirdly,through the well-known trademark to explore the legal issues of legal analysis,put forward the guiding ideology of trademark evaluation,and establish the well-known trademark evaluation system of the legal system;Fourthly,the use of well-known trademarks to explain the legal use of well-known trademarks to use the basic principles of law to create a one-platform;Fifthly,consider the protection of well-known trademarks through the interests of the spirit of balance of interests to explore the development of well-known trademark protection trends.Finally,through the construction of China's well-known trademark operation of the legal system of legal principles and system content for the well-known trademark operation of the legal recommendations to provide a theoretical basis.Under the guidance of legal analysis and theoretical innovation of the main problems of well-known trademark operation,the corresponding legal suggestions on the legal problems existing in the operation of well-known trademarks in China are put forward.Finally,in the process of problem solving to build China's well-known trademark operation mechanism for China's well-known trademarks to achieve value,to the world to lay the theoretical and practical basis.