Study On The Well-known Trademark Between China And South Korea

In today’s world, with the development of knowledge economy, intellectual property has increasingly become the strategic resource of national development and international competitiveness of core essential factor, in the process of economic development, the brand strategy attaches great importance to by the government and enterprises, and trademark as an important part of brand strategy, its development speed is amazing. Well-known trademark is a trademark of advancing to the enterprise brand strategy, improve the core competitiveness is of great significance. Countries are given special protection of well-known trademarks, in order to maintain the legitimate interests of the well-known trademark rights.This article is divided into three parts, the first part expounds the basic theory of well-known trademark. Mainly from the history of the well-known trademark recognition and protection, respectively, from the perspective of international, China and South Korea. Next, the three theory of well-known trademark protection, and briefly introduces the major well-known trademark powers and international well-known trademark protection content, at the end of the value of well-known trademark and function are discussed in this paper. The second part is the body of the article, from the horizontal, focusing on China and South Korea have legal protection of well-known trademarks and the recognition of the concrete system, in the first quarter from the two countries different understanding and definition of the meaning of well-known trademark. China’s well-known trademark, in South Korea is similar to the famous trademark. In the second quarter compares in the aspects of institution, authority and procedure of well-known trademark identifying between China and South Korea, because China and South Korea have different legislative system, there are many differences between on accrediting agencies and authorities. The third section is the comparison factors and standard. Similarities in both standards are not very specific, and in the cognizance of the actual operational space is large, there are big in China, but China identified factors are in comparison, walk in the forefront of the South Korea, South Korea need to learn Chinese. The fourth is the comparison of well-known trademark protection. One of the most important is a leading south Korean across class of trademark protection is in China, more in line with the trend of the contemporary intellectual property protection. The third part is the well-known trademark of China and South Korea in the face of problems and learn from each other, and finally put forward the perfect proposal.In2001, after China’s accession to the world trade organization, more and more trade between China and South Korea. With the growth of trade between the two countries, China and South Korea to invest in other countries is becoming more and more frequent. In this case, the occasional disputes between China and South Korea enterprise well-known trademark. Here, therefore, analysis of well-known trademark protection method in the trademark law of China and South Korea, two countries such as the problems existing in the trademark law has important significance for solving trademark disputes. This paper hope through comparing the two countries on the well-known trademark protection, learn from each other, and draw lessons from developed country mature theory and a lot of judicial practice, to improve China and South Korea’s well-known trademark protection theory and legislation to provide some useful Suggestions.