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Research on Well-known Trademark Anti-dilution

Author: YangPuJun
Tutor: YuanXiaoDong
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: well-known trademark trademark dilution anti-dilution goodwill
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 20
Quote: 0
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Abstract


Trademark dilution is the loss or material lessening of the distinctiveness of trademarks both famous and highly distinctive. The more well-known trademark to dilution acts the more vulnerable to acts of infringement, especially in the emergence of the economic functions and the Recognition function of well-known trademark. Facing the infringement phenomenon of trademark dilution increases day after day, If we do not carry on the consummation to our country’s legal framework, and makes up this legal crack, It is not only will dampen the determination of enterprise development and restrict the development of brand economy, More serious is, if the court trying to judge the similar question based on the legal principle and common sense, and support judgment by the far-fetched legal, will cause legal framework’s deviation and the destruction finally.The purpose of this dissertation is to look forward to establish China’s Anti-dilution system. So first of all, the author reviewed the current situation in China’s legislation and judicial practice concerning trademark dilution, pointed out that it is urgent to establish China’s Anti-Dilution Act. Second, for theoretical and practical arguments, the author focuses on the scope of protection of well-known marks and composition of elements, and expressed their own views; finally in order to learn from history, this dissertation observed and studied the legislative and judicial history of the theory of dilution of various countries. On this basis, the author focused on the mode of China’s Anti-dilution legislation and legislative process of the choice of the specific issues required attention. Hope that through this dissertation, more and more scholars pay a great deal of attention to the Anti-Dilution theory, and ultimately establish an Anti-Dilution legal system that suitable for the conditions of our country.

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