The Comparative Study On The Administrative Protection And Judicial Protection Of Well-known Trademark

With economic development, wellknown trademark has been an enterprise to participatein market competition as a weapon. Legal protection of wellknown trademarks is a hot issuein the field of intellectual property law. With the gradual deepening of reform and opening up,China's trademark legislation on the active participation of the international conventions, thetrademark legislation began to historic change. However, there still is a gap between theresearch of China's wellknown trademark protected by law and advanced internationallegislation. Mainly in academic circles on the wellknown trademark of legal protectiontheory on the basis of the relevant system is still not enough, mature, and there is not a goodguide legislation and judicial practice. Therefore, the strengthening of wellknown trademarkof legal protection for intellectual property law to promote academic research, enhance theirsense of wellknown trademark protection, trademark rights and safeguarding the legitimaterights and interests of consumers and promoting the socialist modernization drive and smoothdevelopment, is very important The theoretical and practical significance.The author from China on international and wellknown trademark as well as the definition of wellknown marks the birth and development of the system starting with thewellknown trademark and protection system that was introduced and analysis and make ownviews and opinions. This article can be divided into four parts. The first part introducesChina's scholars and the international community to define the content of wellknowntrademark in order to arrive at this paper, the new definition of wellknown trademark. Aswell as I introduce the historical development process of definition and protection ofwellknown trademark. The second part focuses on the administrative and judicialrecognizing to wellknown trademark in foreign countries and China. That compared thedifference and distinction between my country and abroad on this issue from the main body,method standard and so on. The third part elaborated the administrative protection andjudicial protection of wellknown trademark. From the legislative present situation, theexistence question as well as other aspects compare these two kinds to protect the respectivesuperior length and insufficient. Last part is recognizes to our country wellknown trademarkwith protection some suggestions. The hope through this article can play positively to ourcountry present wellknown trademark legal protection system profits from the role.