On The Improvement Of China's Well-known Trademarks Judicial Determination System

The trials on civil disputes promulgated in July 2001and 2002 both by The Supreme People's Court constituted the main legislative authority of the system of The Well-known Mark judicial confirmation.The Well-known Mark judicial confirmation is the important aspect of the system of the well-known mark recognition and protection.Today,the Well-known Mark judicial confirmation has become the hot spot in the trials of intellectual property rights.But in the fact,there are so many problems in it.The trial on civil disputes promulgated in April 2009 by The Supreme People's Court involves well-known mark for the courts to protect civil dispute cases to provide more clear standards.Through introducing the establishment and current status of the judicial recognition of well-known mark in our country,this thesis introduces the establishment and current status of the judicial recognition of well-known mark in our country,references to the views and opinions of some scholars and discusses how to improve our well-known mark judicial recognition.This thesis consists of third chapters. In the first chapter, introduces the establishment and current status of the judicial recognition of well-known mark in our country. The part introduces the development history of the administration recognition and introduces the establishment and the necessity of the judicial recognition of well-known mark in our country. The second part analyses the current status of the judicial recognition of well-known mark in our country,for example the principle,standard,scope and practice of the well-known mark judicial recognition in our country.The second chapter,introduce the problems and causes on well-known mark judicial recognition. There are some problems on well-known mark judicial recognition,for example the main body of judicial recognition is too much, the quality is uneven, the standards are not uniform, alienation programs is serious,the relationship of administration and justice recognition is in-coordination and so on.In the third section,the problems existing in the judicial recognition system for well-known mark in our country introduced in the second section are analyzed, and advice about improving to the judicial recognition system is raised, in order to play positive part in developing our country's judicial recognition system for well-known mark.