On Legal System Of Well - Known Trademark Protection

The legal protection of well-known trademark is a hot issue in the filed of worldwide intellectual property. The protection of well-known trademark is firstly shown in the extensive protection from international legislation, and then the special protection from individual national laws. For the influence from many factors such as historic culture, legal philosophy and the development of social economy, the certificates and protections of well-known trademark are different in various countries. However, along with the globalization of worldwide economy, the relevant legislations about trade-mark in different countries go to unification gradually. On the basis of analyzing basic theory as well as international and domestic legislation and the judicial practice, this paper is trying to construct a protection system of well-known trademark that are both progressive and conforming to the actual situation of our country by the research methods of benefits weighing, demonstration analysis and comparison analysis.Except for the Chapterâ… Introduction and the Chapterâ…¥Conclusion, this paper has four parts as the main body:Chapterâ…¡explains the legal protection system of well-known trademark. Starting from the two aspects of definition explanation and legal characteristics, it sets forth the meaning of protecting well-known trademark, and introduces four theoretic bases for protection.Chapterâ…¢introduces the legal protection systems of well-known trademark in foreign countries. At first, it introduces the stipulations about protection of well-known trademark in the international covenants, including Paris Convention, TRIPS Convention, and Associated Proposals. Then, it introduces the relevant laws about the protection of well-known trademark in America, France, Germany, England and Japan. Finally, it makes comparison analysis to all above legislations from the angle of theoretic basis, and points out their individual advancement.Chapterâ…£introduces the legislation status of our country about the protection of well-known trademark. It mainly introduces the two systems, namely the certificate and special protection. On the basis of legislation situation, it points out the existing problems briefly.Chapterâ…¤gives some suggestions to perfect the legal protection system of well-known trademark for our country. Firstly, for the certificate system, the certificate authority of arbitration organizations to well-known trademark must be definite; secondly, for the certificate principle, a flexible certificate mode should be implemented which gives priority to certificate of individual case and passive protection, combining initiative certificate. Finally, for the certificate criterion, the first is to cancel the area standards of well-known trademark; the second is to enhance the anti-dilution protection of the well-known trademark and perfect the protection of unregistered well-known trademark; the third is to prohibit and limit the self-dilution behaviors of trade-mark owner as well as to limit the legally permitted use and transfer of well-known trademark.