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The Famous Trademark Dilution Legal Issues

Author: CongXiuFen
Tutor: YangJianBin
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: Famous Trademark Trademark Dilution Anti - dilution protection
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 48
Quote: 1
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Abstract


Trademark Dilution is the perpetrator be allowed to use the same well-known trademarks or similar trademarks for goods or services with the same or similar to the trademark owner , by a well-known trademark recognition of sexual function and its carrying goodwill for their own profit the detriment of the interests of the owner of the trademark . Trademark anti- dilution protection in our jurisprudence is a new topic , although many scholars have noted that this particular concept of \deepened. Desalination involving trademark infringement cases heard , due to lack of practice to dilute the theoretical system and legal provisions , the case is difficult to get a clear and accurate processing . The theory and practice are calling for in-depth study of the trademark dilution , improve the legal system and operating techniques , to a higher level of protection of trademark rights and legitimate rights and interests of consumers , the formation of a good market order , and promote the development of trade . This article is to expand thinking and discussion in this context , an attempt to further deepen the study of the Trademark Dilution legal issues . This paper is divided into four chapters . The first chapter, an overview of the well-known trademark dilution , including the concept of trademark dilution , and the origin of the theory of value and well-known trademark dilution the nature of the act . Chapter II by the relevant provisions of international conventions and the United States , France and other countries of the Paris Convention , the \dilute international legislation to protect the status quo . The third chapter analyzes the historical development of China 's well-known trademark law protection system , status quo and legislative defects . The fourth chapter deals with our well-known trademark anti- dilution protection legal system construction and improvement . From the perfect trademark legislation to provide a legal basis for the anti - dilution protection ; perfect \the trademark Antidilution protect four aspects of awareness of the law put forward opinions and suggestions .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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