Research On The Limitation Of Anti-dilution Protection Of Well-known Trademarks In China

With the advent of the era of global integration and intellectual property,well-known trademarks become special objects of legal protection because of their huge commercial value,and gradually become the synonyms for enterprises.So the "well-known trademark" has become a trend.So whether in legislation or judicial presents a trademark rights expansion trend,leading to the well-known trademark abuses of power and unreasonable anti dilution protection situation repeated,disrupted the market order of fair competition,breaking the balance of interests between the competitors and the public.With the internationalization of intellectual property protection and the increasing awareness and efforts of trademark infringer,more and more countries begin to use dilution theory to protect well-known trademarks.It is a system based on trademark function change to produce a special extended protection for well-known trademarks.Its fundamental goal is to protect its saliency and recognition from weakening,vilify and degradation,Safeguarding the interests of the well-known trademark owners,and promote free competition and protect consumers' interests.The anti dilution protection of the well-known trademark has become a new trend of hot issues in the field of world intellectual property and intellectual property protection,China as a member of the world trade organization state is obliged to make the corresponding provisions of the well-known trademark anti dilution protection in legislation,and judicial practice to be implemented.As an extended protection for well-known trademarks,anti dilution protection enables the right person to gain the substantive control right to use well-known trademarks on non competitive goods or services,expand the scope and authority of trademark protection,and effectively protect the interests of the rights holders.The act of preventing "hitchhiking" of the tortfeasor.At the same time,it also expands the scope of trademark prohibition right,making the right balance mechanism have some hidden dangers,which is likely to cause the imbalance between the interests of the well-known trademark owners and other potential trademark owners,which is more likely to lead to the abuse of the rights of well-known trademark owners.Because the law did not make clear provisions on the scope of anti dilution protection legislation,theoretical basis of confusion,standard fuzzy,and well-known trademarks of the flooding,resulting in reality many well-known trademark owner of well-known trademark,catch their ride,the use of well-known trademarks have been identified in other commodities their production or business.Therefore,we should improve the anti dilution protection system of well-known trademarks,and make a clear restriction on the scope of the protection of well-known trademarks,so as to give the well-known trademarks a special and reasonable protection.Therefore,this article from the legislative purpose of trademark law,the theory of balance of interests,intellectual property legal transplantation and the prohibition of abuse of power and other aspects of the principle of rationality of special protection of well-known trademark restrictions,analyses the main problems of our country's well-known trademark anti dilution protection status and existing restrictions,put forward reasonable suggestions for the implementation of the law,by the personal standard and right standard and provide a theoretical basis for the transition to the social standard.In order to protect the reputation of well-known trademarks and protect the interests of well-known trademark owners,China has established the trademark anti dilution system through the trademark law and relevant judicial interpretations and administrative regulations,providing an extended protection for well-known trademarks.However,the improper expansion scope of the well-known trademark rights and the abuse of anti dilution protection will lead to the infringement of citizens' freedom of speech,against other operators use the logo right,disrupting the order of competition and other issues,so give in well-known trademark rights reasonably expand under the premise of protection,our country should establish restriction system of anti dilution protection of the well-known trademark.To ensure that the legitimate exercise of the rights of well-known trademark rights,maintain the normal order of market competition.