On The Judicial Determination Of Well-known Trademarks In China

Well-known as one kind of invisible property, has constituted an important content of industrial property. It stands for the high quality of products and commercial credit.Recogniing and confirming well-known trademarks in legal and propetr way is the requisite of protection on well-known trademarks.Tn tuly,2001 the super people court promulgates and implements'the judicial interpretation of legal utilization involving computer domain name incivil dispute case',In which explicitly stipulated that the court has certain right to carry on well-known trademark judicature recognized. After trademark law revise. The supreme people's court promptly formulated the judicial interpretation in the authority of judicature recognized the standard of judicature recognized, the poteney of judicature recognized as well as legal liability. This paper focus on well-known trademark judicial cognizance this problem, using theoretical and empirical research and discusses the methods to improve the famous trademarks of our country judicial authentication system, some Suggestions were put forward. This paper is divided into four part.The first part of the famous trademarks of our country mainly the concept judicial recognition feature discussed. Firstly illustrates the concept of well-known trademark judicial cognizance, followed by a well-known trademark, the well-known trademark that The last is a well-known trademark characteristics and legal effect.Part second discusses mainly the well-known trademark judicial cognizance principle and standards. Well-known trademark judicial cognizance standard there are four main:passive recognized principles, the principle, real case case effectively identified principles, careful travel principle. Well-known trademark judicial cognizance standard also has three:well-known trademark, the geographic scope of relevant public relevant public awareness, the scope of the principle such as degree.The third part discusses mainly the famous trademarks of our country judicial cognizance of empirical analysis. It is the key, this chapter paper firstly analyzed the famous trademarks of our country judicial cognizance major cases, then shows how species well-known trademark main problems of judicial cognizance.The fourth part discusses mainly the perfect our country's well-known trademark the basic thought of judicial cognizance. This chapter is the last section of this chapter, this chapter of the judicial recognition from well-known trademark, standard, procedure and condition of judicial recognition that relationship with administrative four aspects, some Suggestions were put forward.