| The protection of the well-known trademark, which has become an international current concept, plays an important role in the intellectual property law. The adjustment of the international conventions on the intellectual property law is limited, thus differences on the definition and protection of well-known trademark exist in various states accounted for the different legal tradition. Taking Chinese legislation and judicature into account, the author studies the law of the main developed countries and the important international conventions related, such as Paris Convention for the Protection of the International Property and the WTO TRIPS Agreement, analyses the tendency of the protection of the intellectual property. The thesis divides the well-known trademark system into two categories. One is well-known- trademark system in the broad sense including various domestic law on the protection of the well-known trademark and the famous trademark, which may get less or higher aegis than the fonner one. The other is narrow sense of the well-known trademark system, restrained by the conventions mentioned preamble. Grounded on the two categories, the author elaborates the concept, distinguishing feature and protection system of the well-known trademark, and also advances the own insight of his own. The author's opinion is that, the principle of independence, the principle of territoriality are the basis of the protection of well-known trademark, and any country in the Union has the power to determine and protect the trademark. It is suggested that, the theory of dilution and genericide of trademark should be adopted in the legislation in China. |
