Review Of The Criteria For Recognizing Foreign-related Well-known Trademarks In China

Well-known Trademark,which is one of the most important intangible assets of enterprises,means a wide range of market share and first-rate profitability.With the development of economic globalization,other countries' well-known trademarks enter into our market.However,our country lacks of intellectual property protection,which produce some problems in the practice of foreign-related well-known trademark.All of these leading to identification of the foreign well-known trademark meet many issues,which are bad for economic communication.The "iPhone" Trademark Case which has strong social impact is a representative case.Based on the basic theory of well-known trademark,this paper analysis"iPhone" Trademark Case which is eager to explore some problems of the identification of well-known trademarks in China,and put forward to some suggestions on the problem.This paper hopes that China's foreign-related well-known trademark development can be accordance with the economy development,and it can protect rights and interests of trademark owners,maintain orders of trademark market,and protect public interests.This paper is divided into four parts:The first part starts from a general introduction on well-known trademark,and systematically elaborates the basic concept,legal characteristics and the value of well-known trademark,which highlights the value of well-known trademark to the market,trademark owners and their countries and regions.The second part describes current certification standards about well-known trademark of relevant countries and international organizations,which are pave the way for following contrast.The third part is divided into two parts.The first part introduce recognition model and standard about Well-known Trademarks of our country,the second part compares "iPhone"Trademark Case with the other countries' similar cases,and makes the conclusion about main problems in our country.The problems are:fuzzy "reference group" and "geographical"standard,"comprehensive" is hard to implement;cannot stop the phenomenon of free-rider totally;administrative thoughts are heavy;too many judges which have different standards;the recognition standards are influenced by attitude of society.If these problems can be solved,not only strengthen the authority and credibility about the recognition of the foreign-related well-known trademarks,but also avoid the doubt about the cognizance mechanism.The fourth part puts forward five strategies which are based on the problems mentioned above.The strategies are:Rational localization of the "reference group" and "region" to implement the "comprehensive";prohibit the "free rider" in the trademark legislation;advocate return to legal nature of well-known trademarks,eliminate the wrong impression that well-known trademarks have honorary titles;and establish a rational and unified cognizance mechanism;To further promote the construction of intellectual property courts,which can adjudicative independently and impartially,abandon the influence of attitudes of society to recognition of foreign-related well-known trademarks.