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Administrative Perspective of well-known trademark recognition system reform

Author: ChengFanQing
Tutor: ShenFuJun
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Well-known Trademark Approve System Alienation Reform
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 59
Quote: 0
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Abstract

Well-known trademark as a trademark is different from the ordinary with many special functions and features, better for trademark holders to bring more economic benefits and competitive advantage. It is also our country in the world economy and trade competitive advantage favorable position in chips. Therefore, compared with the ordinary well-known trademarks are trademarks or easier to become a large enterprise production operators competing goals, well-known legitimate interests of trademark holders are also more vulnerable to this end unlawful infringement. In order to protect well-known trademarks and famous trademark holders legal rights, China has promulgated the relevant laws and regulations and on this basis to establish a relatively complete set of well-known trademark recognition system. The establishment of this system makes our country has become the world's only well-known trademark dual certification system in the country. With China's accession to WTO, well-known trademark recognition system in China's foreign trade and the construction of the socialist market economy is playing an increasing role. However, at the same time well-known trademark recognition system itself flaws and shortcomings are in the process of China's economic construction gradually exposed. From these drawbacks and defects arising from a series of well-known trademarks alienation not only distorts the people a correct understanding of well-known marks, but also makes the well-known trademark owners and even some local governments have made many wrong behavior. These acts not only harm consumers and other legitimate rights of the trademark owner makes citizens more trust in the government produced a crisis. It's all a serious threat to our country's well-known trademark protection, hindering the healthy development of the socialist market economy, are more likely to make China's socialist market economic system in the international community was a malicious attack. Therefore, in order to change our country's well-known trademark recognition system status quo, we need from our well-known trademark recognition system itself starting to study China's current legal basis for well-known trademarks, as well as around the specific content of this system produced a series of administrative protection measures, through with foreign-related trademarks accreditation system for comparison and analysis, well-known trademark recognition system to find our shortcomings and defects causes, but also clearly recognize that the current alienation of well-known trademarks and concrete manifestation of serious harm results. Only when these tasks are fully prepared before we could on our well-known trademark recognition system to put forward practical proposals for reform. This is in accordance with the method described above for China well-known trademark recognition system launched a detailed study, and from the point of view of administrative law re-accreditation system of China's well-known trademark drawbacks and defects for a lot of look, based on the basic administrative law principles, presented to our current well-known trademark recognition system reform plans and proposals in order to exclude from the fundamental institutional accreditation system of China's well-known trademark drawbacks and defects, completely changed the status of well-known trademark protection against civil rights and national interests malicious damage.

Administrative Perspective of well-known trademark recognition system reform

Abstract

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