Research On Anti-dilution Protection Of Well-known Trademarks In My Country

Different from confusion infringement,anti-dilution protection is based on dilution theory,which breaks through the situation of traditional trademark significance protection and makes up for the deficiency of well-known trademark protection under the traditional confusion theory.Under the background of implementing the strategy of strengthening the country with quality and leading the development of modern economic system with innovation,it is beneficial to establish a fair and just market order,develop Chinese local brands and optimize the business environment by emphasizing the protection of intellectual property rights,especially the well-known trademarks.Since the revision of the trademark law in 2019,China has initially established a relatively complete well-known trademark protection system,but there are still some problems such as confusion of well-known trademark identification standards,lack of anti-dilution protection legislation and inconsistency of judicial protection standards.In addition,the contradiction between legislation and judicial practice is so obvious that the anti-dilution protection system of well-known trademarks is seriously alienated,which deviates from the original intention of giving special protection to well-known trademarks.This paper aims to strengthen the understanding of trademark dilution theory by introducing and summarizing the basic overview,historical retrospection,legislative status and judicial protection practice of well-known trademark dilution theory.By comparing the theory,legislation and practice of trademark dilution at home and abroad,this paper explores the deficiency and improvement of the theory and legislation of trademark dilution in China.This paper is divided into five chapters.The first chapter is the introduction,which introduces the research background and significance of this paper.In the literature review,it explains the theory,legislation and judicial status of anti-dilution protection of well-known trademarks in China and abroad.Finally,it expounds the research content and research methods.The second chapter introduces the basic theory of trademark dilution.Firstly,it introduces the concept of well-known trademark,the recognition standard of well-known trademark and the identification of well-known trademark dilution behavior,and introduces the object,characteristics and nature of trademark dilution.Then it introduces the classification of trademark dilution and analyzes three types of trademark dilution.Finally,it briefly discusses the theoretical basis of trademark dilution,and makes it clear that the identification of trademark dilution is not based on the existence of confusion.The third chapter first points to the legislative status quo of trademark anti-dilution protection in China.Secondly,through empirical research,it focuses on the analysis of the development of trademark dilution theory in China's judicial practice,points out its shortcomings,and then puts forward the consideration needed to realize the legislation of trademark anti-dilution in China.The fourth chapter mainly introduces the foreign legislation and judicial practice of trademark dilution.The first part mainly explains the legislative status of trademark dilution in international treaties;the second part and the third part introduce the development process of trademark dilution legislation and judicial practice in the United States and the European Union in detail.In the fifth chapter,based on the practical needs,in view of the problems discussed above,the author puts forward suggestions and measures to improve the anti-dilution of well-known trademarks in China from the perspective of legislation and judicial practice.