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Well-known trademarks judicial determination the problems and countermeasures

Author: ChenYaYong
Tutor: ZhangJin
School: China University of Political Science
Course: Legal
Keywords: Well-known trademarks Judicial determination Problem Reason Countermeasure
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 200
Quote: 1
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Abstract

Well-known trademarks in the competition known to the public a high degree of good market reputation, but also very high possibility of infringement. Therefore, the well-known trademarks in the law should be subject to special protection. Known trademark recognition system is particularly important, 13 of the Trademark Law of the People's Republic of China (hereinafter referred to as the \In practice, the well-known trademark in two ways: administrative identification and judicial determination. In this paper the historical analysis, comparative analysis and induction studies, demonstration of Justice finds reasonable on the basis of a summary of trial practice, identify problems, analyze causes, recommendations and strategies in order to promote the well-known trademarks judicial determination to the improvement of the system. Zhu Wen is divided into four parts: the first part from the original idea of ??well-known trademark system and the dual-track system identified (Chief finds and judicial identified the coexistence of the two ways), the formation of history demonstrate the rationality of the judicial determination. \\Judicial point of view of well-known trademark system and the world of historical development, as well as contrast to administrative verification methods identified a reasonable way. That the legal basis for the second part of our judicial standards and scope to start, discusses the well-known trademarks judicial identified the status of the trial, analysis of the types of cases and features, emphasizing the Court in the trial of well-known trademarks to be acquired by three principles, namely passive principles for identifying cases of effective principles and the principles for determining demand. Summarize the third part of the main problems arising in the trial practice, mainly related to the legal system is imperfect, the well-known trademark recognition standards and scope is not uniform, the proliferation of false litigation and administrative determination of the existence of conflict. If you can not solve these problems, is bound to detract from the authority and credibility of the well-known trademarks judicial determination, will lead to the questioning of the well-known trademarks judicial determination mechanism. On this basis, the causes of the problems were analyzed. The fourth part of the main problems for China in the trial practice, from the moderate and expand the scope of identified development of measures to reduce the identified criteria to judge the scale of the gap, and correct handling of the parties identified the well-known trademark claim, and improve the relevant legal system to eliminate \and establish coordinated oversight mechanisms for judicial determination and administrative identified five aspects of measures to promote the well-known trademarks judicial determination to the improvement of the system.

Well-known trademarks judicial determination the problems and countermeasures

Abstract

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