The Regulation Dilemma And International Coordination Of The Preemptive Registration Of Foreign Well-known Trademark

The protection of Trademark has regional characteristics, The holder of the Well-known trademark can not effectively prevent the Preemptive Registration in other countries.Foreign well-known trademarks which not used and registered in our country become the object of the Preemptive Registration.There are lots of the Preemptive Registration of foreign well-known trademark in china recent years, such as "Tesla" case and "Custer" case.The regulations of the Trademark Law of our country on the prohibition of infringement of the exclusive rights of others including the unregistered well-known trademark system, the system of the first use of the trademark, The system of claim right of trademark and so on, is not apply to solve the phenomenon of the Preemptive Registration of foreign well-known trademark.It is hard to stop the Preemptive Registration of foreign well-known trademark. The regionalism of the trademark rights is the general principle on trademark protection in Most of the countries. But it brings a lot of problems:hindered the rapid development of international trade, also brings the impact to the development of China's economy; In violation of the principle of good faith, damaged the interests of consumers.In addition, insist on the regionalism of the trademark rights in the Preemptive Registration of foreign well-known trademark, is Conflict with the protection of the object of trademark right.The case of "TESLA"and "CASTE" reflects the diversification of considerations in judicial practice, with the public interest and the market order of our country, Consideration of factors other than regional principles:such as the Use of domestic trademark, Visibility of foreign trade marks, and already begun to realize the negative effects of this behavior on society: Hindering the advanced technology into our country, damage the interests of domestic consumers, to a certain extent, restricted the development of China's economy.Therefore we need to break through the regionalism in the Preemptive Registration of foreign well-known trademark. However, to break through the regionalism of trademark rights, based on the principle of reciprocity and mutual benefit, it need more national cooperation and coordination.International conventions have specific provisions of foreign well-known trademark, but the operation is still not specific. Although the joint proposal has a very detailed provisions, but it is not mandatory. United States tend to stick to the principle of territoriality and protect their own economic interests. The United States does not prohibit the Preemptive Registration of foreign well-known trademark without used and registered.But the United States also takes into account the impact of regional on international trade. Germany prohibited the Preemptive Registration of foreign well-known trademarks. Foreign well-known trademarks only need to exist in Germany, you can get similar protection in Germany.On the basis of the principle of reciprocity and mutual benefit, we should improve the International Convention on the recognition of foreign well-known trademark, we should take "joint proposal" as a guide to international conventions, to give the Paris convention two of the sixth mandatory, and conclude regional treaties and international multilateral treaties.In addition, it is suggested that domestic enterprises strengthen the consciousness of creating a brand, and to reconciliation in the presence of a trademark dispute.