On The Judicial Recognition Of The Well-known Trademark

China joined the World Trade Organization in 2001.In order to conform to the international development of the well-known trademarks' protection,China has established a system of the judicial recognition of the well-known trademark.On account of its efficiency and authority,this system has overcome the defects of the single administrative recognition of the well-known trademark.But this system of judicial recognition of the well-known trademark has also emerged many problems owing to its imperfection and under the influence of the administrative manner of recognition.These problems that have damaged the authority of the judicial recognition focus on the phenomenon of overflow of the artificial cases.To solve these problems,Chinese courts at all levels have worked many ways in the practice of judicial recognition and received some beneficial effects.For example,the Superior People's Court of Zhejiang Province attempted to establish the internally-auditing mechanism and has received positive outcome.Obviously these problems' solution can not be expected overnight success,and therefore the development of the system of the judicial recognition requires further theoretical and practical efforts.The article is divided into four parts.In the first part,a detailed analysis of the necessity of the judicial recognition of well-known trademark has been done by checking the relevant international conventions and agreements.The analysis mainly bases on the theory of cross-category protection,explaining the difference between the judicial manner and administrative manner from the angle whether the trademark is registered or not.In the second part,the importance of the principles,the standards and the range of judicial recognition has been analysed,pointing out their content on the basis of some cases.The principle of domestically well-known means that the trademark should be well known in scope of law.The principle of case-limited force has a good protection against the artificial cases.The principle of passive recognition shows the cautious attitude toward well-known trademark of the theory of cross-category protection.in the part of standard of recognition,detailed analysis on the five standards has been done from some cases.At the last of the paragraph,three kinds of cases which require judicial recognition have been distinguished.The third part of the article mainly talks about the problems emerged from the practices of judicial recognition.The problems mainly include the division of standards in practice,lower grade of the competent courts and so on.The last part of the article puts forward some suggestions such as carring out strict and unitary standard,concentration of the competent courts and so on.