On Value Alienation And Return Of Well-known Trademark System In China

Well-known trademark system has been clearly established in China for twenty years.It has played a positive role in promoting the brand cultivation and enhancing the competitiveness of products.But at the same time,the phenomena of distorting and rebelling the value goals of this system are increasingly serious,leading to its value alienation.This paper is intended to analyze the concept,performance as well as reasons of the value alienation of well-known trademark system in China,which aims to put forward some reasonable suggestions for its value return.The first part focuses on the value analysis of the well-known trademark system.It can be,specially,divided into two parts: the investigation and theoretical analysis of the well-known trademark system in international conventions.Well-known trademark system originated from the “Paris Convention”,got further development in TRIPS,and formed an international consensus in “Joint Recommendation on Well-Known Marks”.Through the above-mentioned analysis on wellknown trademark system in the international convention,the core value of well-known trademark system aims to protect the interests of consumers as well as the trademark owner,and to maintain the order of the market competition.Besides,its incidental value lies in strengthening the brand image.The second part intends to analyze the value alienation of well-known trademark system.First of all,the thesis makes clear that the value alienation of well-known trademark system refers to the phenomenon that the collateral value of this system emerges from the core values,and in turn,dominates and takes control of it.Secondly,from the institutional and practical aspects,the specific performances of the value alienation of well-known trademark system are sorted out and summarized.In terms of the institutional content,“high reputation” is required in the concept of well-known trademarks;“one registration,valid for three years” is stipulated in the management;the behavior of “calling the trademark as well-known trademark” is acquiesced.From a practical point of view,the trademark owners improperly pursuit and utilize well-known trademark system;the local governments offer a huge reward to the trademark owner who have obtained the identification of well-known trademarks;the consumers have misconceptions of well-known trademarks.Thirdly,the thesis points out that the value alienation of well-known trademark system has led to a waste of judicial administrative resources and financial resources,the breeding of corruption,the destruction of the market competition environment and the interests of consumers as well as other negative consequences.Finally,the thesis analyzes the reasons of value alienation of well-known trademark system from four aspects.The historical reason lies in the sufficient construction of legal system in the initial stage,a lack of in-depth study of well-known trademark system,the misguidance of translation and so on.Political reasons consists in the political background that China has made great efforts to enter WTO and the national implementation of the strategic policies of intellectual property rights.The economic reason is rooted in the pursuit of commercial interest of the trademark owners and the scarcity of the brand cultivation mechanism of the local government.And social reasons are that the media mislead the consumers and the consumers themselves lack relevant knowledge and so on.In the third part,there are some suggestions of the value return of well-known trademark system in China,including the following aspects: Firstly,the current system of well-known trademarks needs improving;the utilization of the concept of “well-known trademarks” should be weakened;the scope of advocacy banning should be enlarged;illegal cost should be increased.Secondly,from the long-term perspective,“Trademark Law” in China needs to absorb the reasonable factors of the advanced systems of anti-dilution from European and American trademarks.Thirdly,the policy orientation and the role of government in brand strategies should be improved,which can give full play to the guiding function of the policy and the government.Finally,through both external punishment and internal education,the trademark owners can be promoted to make normative use of their trademarks.