On Chinese Well-known Trademark Judicial Recognition System

With the rapid economic and social development of our country, the internationalcompetitiveness has been continuously strengthened, the rise of China’s comprehensivenational strength, the well-known trademark attention more and more high, today we aregoing to change from made in China to create China, in the intellectual property fieldrequires us to have their own unique national characteristics, have their own nationalenterprises, have their own the well-known trademark, the cognizance of well-knowntrademark is the premise of protection, so the exploration of Chinese well-knowntrademark judicature identification system is necessary, which is the international trendtrend.This paper is divided into five chapters analysis.The first chapter simply introduces the background, significance of the research,introduces the current domestic and foreign research situation for this problem, theresearch methods used in this paper and the writing ideas etc..The second chapter starts from the overview of well-known trademarks,well-known trademarks and other similar concepts, analysis of the legal meaning ofwell-known trademarks, and then analyzes the legal characteristics of well-knowntrademark, make readers more profound understanding of the well-known trademark.The third chapter describes the status of the system Chinese well-known trademarkjudicial cognizance of well-known trademark, the principle of judicial cognizance,mainly from case identification, passive identification and on-demand identificationabout three principles. After the principle of the well-known trademark judicialcognizance of the basis for the analysis, has carried on the analysis from two aspects,domestic and international.The fourth chapter tells readers the existing problems in the system of judicialdetermination of well-known trademarks in China, the problems are analyzed, which isthe first to focus on the core content of this thesis. The part from the well-knowntrademark judicial cognizance standard confusion, system establishment is not perfect, the judicial cognizance of administrative determination and conflict, the existence of"false litigation" were analyzed in detail, with a case in detail appropriate demonstration.This part of this thesis is the second core content is the fifth chapter paves the way for.The fifth chapter to the fourth chapter, puts forward to the current system ofwell-known Chinese problem solving strategies trademark judicial cognizance,according to unified standards, improve the coordination of judicial and administrativeidentification solutions, the relationship between the prevention and regulation of falselitigation, put forward relatively perfect.