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Study On The System Of Anti Dilution Of Well-known Mark

Posted on:2015-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WangFull Text:PDF
GTID:2296330467473827Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the advent of knowledge economy era, the trademark business value reflected more clearly than in the past, has been widely concerned by enterprises, but the attendant negative impact ways is the trademark infringement of diversified development. It is in this context of the trademark dilution theory, its theoretical basis is the intangible assets of enterprises trademark as important, expanding the scope of trademark protection. The theory of trademark dilution in order to protect the trademark owner rights and interests as the starting point, break the shackles of the confusion theory, focusing on the protection of well-known trademark business value will not be illegally sharing, confusion theory together to the trademark of the higher degree of protection. So far, China has not developed laws and regulations on trademark dilution theory as the foundation, and the international organizations before actually become the member of the Convention in China, other countries will have different ways to the trademark dilution theory into legislation. The theory of trademark dilution to expand protection has become an inevitable trend of the well-known trademark, the trademark legislation in our country should also be timely to proceed with determination.This paper is divided into five parts:the first part is the introduction; the second part is to introduce the theory of trademark dilution and the basic concepts; third part is for the international development of investigation and analysis of the trademark dilution theory. Because of America and other national desalination have achieved fruitful results in theory development and protection of trademark in trademark work in practice, formulated the law more perfect, so our country legal workers should make full use of the successful experience of other countries, guide China’s trademark anti dilution; the fourth part is our country current analysis related to well-known trademark anti dilution legal system, by analyzing the "trademark law" and other laws and regulations, a simple description of trademark anti dilution in China protection system; the fifth part is the trademark anti dilution of well-known Chinese legislative proposals. We are not for trademark anti dilution Protection specially formulated law, there is only related to the dilution theory rules and local laws and regulations, the lack of a unified, authoritative legislation. The author thinks that according to the present situation, the Trademark Law of our country should be clearly defined to take anti dilution protection for trademark anti dilution provisions, formulate detailed, to ensure that the trademark anti dilution protection system to run.
Keywords/Search Tags:Well-known mark, Dilution, Anti dilution, Legislative suggestion
PDF Full Text Request
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