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Research On The Anti-dilution Of Well-known Trademark

Posted on:2008-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:H J CaiFull Text:PDF
GTID:2166360215958524Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Along with the world economics unceasing development, people pay more attention on the huge commercial value which the trademark especially the well-known trademark contains day by day. Because the well-known trademark has very high celebration, it can bring amount wealth for the person, and it is the main object by infringement. Different from the traditional trademark tort, the well-known trademark dilution behavior is one kind of serious behavior which destructs the well-known trademark intrinsic value. By understanding the well-known trademark's legal nature, unceasingly profiting from the overseas legislation experience, the article needs to solve how to impel the well-known trademark dilution protection.By introducing the basic connotation, the recognized standard and the recognized way of the well-known trademark, the author has recalled the historical development of the well-known trademark dilution. In this foundation, the author provides information of the basic connotation which dilution to the well-known trademark has carried on the limits.Then, the author has induced the classified and the practice concrete of the well-known trademark dilution. Through to substance the well-known trademark dilution behavior, the author has pointed out the legal principle theory of law foundation on the well-known trademark. The author believed, the well-known trademark dilution behavior is not only one kind of behavior which violates the other people legitimate rights and interests, moreover it is not right competes . Under the market competition conditions the behavior is not only harms consumer's benefit, but also harms the social public's benefit. This also is precisely which the article makes every effort to be able to have the breakthrough place. For the better research well-known trademark dilution theory, the author carried on using the comparative analysis method to the international joint pledge as well as the various countries about the well-known trademark dilution legislation and the practice pattern .These international joint pledges, the foreign legislation have the very good model significance regarding our country legislation consummation.Finally, the author analyzes our country well-known trademark anti-dilution protection present situation. In the foundation, the author proposed establish take" Trademark Law" protects as the main body, take "Counter- Not Right Competes Law" to protect as the supplement well-known trademark anti-dilution protection system. By unceasingly enriching the anti-dilution protection the concrete content, it will have a benefit by the time to our country well-known trademark protection system improvement.
Keywords/Search Tags:trademark, dilution, protect of anti-dilution
PDF Full Text Request
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