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Research on the Well-Known Trademark Dilution

Author: NanQingZuo
Tutor: YiYu
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Well-known Trademark Dilution Anti-dilution Protection Confusion Theory
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 122
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Abstract

Today in the background of the economic globalization and the knowledge-based economy’s rapid development, intellectual property has become a national strategic resource for a country to participate in the international competition. Many countries have laid the intellectual property in a high strategic degree, and enacted their own intellectual property development strategies one after another. China’s economic growth is still depending on extensive economy, our innovation ability is still relatively poor. In the area of trademark, our country lacks of well-known brands.Through the ages, China’s trademark legislation is built on the basis of the confusion theory, requires that trademark infringement must have caused confusion, if not, it would not be protected. Even though the protection domain of the registered well-known trademark has been expanded to the non-competing goods or services, it still did not shake off the shackles of confusions. Dilution doctrine has great advantages, it can change the state that confusion theory in the area of non-competing goods or services that does not protect well-known trademarks, and then provide strongly security for the development of our well-known brands enterprise.This paper with the target of improving the anti-dilution of well-known trademark, researches from many aspects such as summarization of the theory, investigation of the situation at home and abroad, improvement and suggestion of our famous trademarks against dilution protection, etc. This paper includes three parts, named introduction, body and conclusion. Among the three parts, text body is the most important part. Firstly, presents a panorama of the relevant theoretical issues about the famous trademarks against dilution protection, reveals the problems existing in the process of our famous trademarks against dilution protection, and then through the way of researching on the development and experience of the foreign anti-dilution system, puts forward suggestions for our anti-dilution system’s improvement. This paper will propose suggestions from several aspects, such as consideration of separate legislation of the famous trademarks against dilution, general anti-dilution provisions and famous trademarks defense systems’ improvement, establishment, etc. In respect of the separate legislation of famous trademarks against dilution, this paper proposes a dual anti-dilution protection mode, which means "Trademark Law" protection-based, combined with the "Competition Law"; in respect of general anti-dilution provisions, it means to introduce and improve specific provisions related to anti-dilution; in respect of the famous trademarks defense systems, this paper tries to enact trademarks defense systems, and then enrich and improve our legal system of trademark protection.

Research on the Well-Known Trademark Dilution

Abstract

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