The Comparative Study Of The Legal Re Gulation About Unregistered Well-kno Wn Trademarks Squatting In China And Japan

In 1925,on the conference of Paris Convention for the Protection of Industrial Property,the well-known trademark protection system is to solve the problem of unregistered well-known trademarks.As the members of Paris Convention for the Protection of Industrial Property and the TRIPs agreement,both China and Japan provide the protection of the trademark in accordance with the requirements of the Paris Convention and the TRIPs agreement,which can be used for reference in the trademark system.At the same time,both China and Japan are both trademark registration acquisition countries,compared to the use of trademark rights in the United States and other countries,Japan is more useful for reference in the design of the trademark system.In order to cope with the increasing situation of trademark disputes in the new situation,the Japanese Administrative judiciary is also improving the relevant laws and regulations in practice.By comparing the legal regulations between China and Japan on the behavior of trademark snatch,it is helpful for us to learn from some useful experiences in Japan and help our country better improve the design of the legal system and the trademark snatch,so that it can be better applied to practice.There are many similarities between China and Japan on the protection of unregistered well-known trademarks.Both China and Japan are supplemented by the2"Anti Unfair Competition Law" as the main part of the trademark law,and the protection of unregistered well-known trademarks is protected with relevant interpretative documents.Both Chinese and Japanese identification of unregistered well-known trademarks adopt the two track system of administrative judicature,and the principle of protection also highlights the principle of case identification and passive identification.The well-known regional elements and related public elements are essential factors to be considered in the identification of well-known trademarks,and many phases of China and Japan on the protection of well-known trademarks are not registered.The similarity laid the foundation for China to draw lessons from Japan in legislation.This article is divided into four parts.The first part of "analysis of the basic problems of the unregistered well-known trademarks" is to define the unregistered well-known trademarks and to limit the behavior of the preemptive injection.It only refers to the violation of the objectivity of the trademark law,which is illegal,but "malice" is not a necessary condition for judging the rush.At the same time,from the two aspects of law and administrative judicature,the protection system of the unregistered well-known trademarks of China and Japan is combed,and the views of the current situation and problems of the unregistered well-known trademarks are put forward in view of the current situation and problems of China's unregistered well-known trademarks.The second part,"the identification of the unregistered well-known trademarks of China and Japan",compared the differences between China and Japan.The emphasis is on the comparison between the two countries' understanding of the "relevant public",the identification of well-known regions and the three aspects of the well-known time nodes,and the "relevant public" elements are obtained.The connotation of China and Japan is basically consistent,but Japan can give the protection of unregistered trademarks known only in foreign countries,and clearly specify the well-known time nodes,while China does not protect the well-known trademarks in foreign countries,and the law does not specify the well-known time point of judgement.The third part,"the protection of Japan's unregistered well-known trademark",focuses on the main provisions of Japan's regulation on the behavior of unregistered well-known trademarks,and the applicable conditions for the relevant legal provisions in the Japanese trademark law and anti unfair competition law from the confusing perspective and the perspective of anti dilution.The system of trademark useexplanation established in the administrative stage is analyzed,which provides a reference for China to regulate the registration of unregistered well-known trademarks.The fourth part,on the basis of the previous article,proposes to set up a trademark use description system in the stage of identifying the time nodes of the well-known well-known degree,providing cross class protection to the unregistered well-known trademarks,protecting only the well-known trademarks in foreign countries,and establishing the trademark use to improve our legal regulation.