Study On Judicature Recognized Of Well-Known Trademarks In China

Well-known trademark is one kind of important intellectual property; it is an essential intangible property of the enterprises and precious wealth of the nation. It stands for the high quality of products and commercial credit. Recognizing and confirming well-known trademarks in legal and proper way is the requisite of protection on well-known trademarks. In July, 2001, The Supreme People Court promulgates and implements "The Judicial Interpretation of Legal Utilization Involving Computer Domain Name in Civil Dispute Case", in which explicitly stipulated that the court has certain right to carry on well-known trademark judicature recognized. After "Trademark Law" revises. The Supreme People's Court promptly formulated the judicial interpretation in the authority of judicature recognized, the standard of judicature recognized, the potency of judicature recognized as well as legal liability. But the well-known trademark judicature recognized is hot topic in trademark dispute practice, also is a domain with many problems. So some experts have questioned and denied the current judicial way of recognizing well-known trademarks. In the first part of this essay, the writer will start from introduction of current situation of recognizing of well-know trademarks and then analyze the feasibility of the judicial way of recognizing theoretically. After that, the principles and more particular standard and the situation of judicial recognizing of well-known trademarks will be discussed. In the last part, how to perfect the judicial recognizing way of well-known trademarks from the angle of litigation procedure will be completed.