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Study in Anti-dilution of Well-known Trademark

Author: ChangZuo
Tutor: YuYing
School: Jilin University
Course: Legal
Keywords: Famous Trademark Dilution theory Anti - dilution protection Legislative proposals
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 201
Quote: 0
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Abstract

With China's accession to the WTO, the trademark legislation to protect the much-needed international standards, a well-known trademark dilution theory in China has become increasingly widespread concern by scholars. Therefore, I refer to the relevant academic research based on the basic theory of trademark dilution and legislative practice from the start, through the analysis of the concept of trademark dilution, nature, classification and specific performance, as well as the country's legislative practice, some perfect China's well-known trademark protection system Antidilution recommendations. The first part of the article is the introduction trademark dilution theory of the origin and development. The trademark dilution concept was first proposed by the German courts, and dilution theory but to develop and mature in the United States, the United States is currently the world's only Trademark Dilution countries special legislation. With the theory of trademark dilution mature in the development of the United States, other countries of the world also dilute the theory given more and more attention and many international treaties to absorb this theory. The second part mainly elaborated the Trademark Dilution basic theory, the concept of well-known trademarks, the concept of trademark dilution, the nature of the theory and practice of desalination type of behavior. And discusses the well-known trademark dilution theory of value, a well-known trademark dilution the theoretical breakthroughs confusion theory, if there is no longer only \whether the competitive relationship and consumer confusion, the possibility of misidentification, and focus on the tremendous value of the well-known trademark is not infringed by the actions of others, it is able to give a more comprehensive protection of well-known trademarks. The third part of the article discusses the development of China's well-known trademark dilution theory and dilute the legislative status quo. China's academic circles for well-known trademark dilution theoretical discussion has continued, in recent years, more and more well-known trademark dilution theory concern of domestic intellectual property community. Have been scattered anti Trademark Dilution law on the legal level, in a certain sense, these provisions expand the scope of protection of well-known trademarks in China, and the protection of well-known trademarks, adapt to China's accession to WTO and the need for international standards on the protection of trademark legislation. However, China's well-known trademark dilution theory of development is still in its infancy, known trademarks Antidilution the protection of the legislative system has not yet been established completely. In short, the legislation to protect well-known trademarks in China Antidilution there are still a lot of flaws and shortcomings, we need to continue to strive to be perfect. The fourth part of the article is starting from our existing well-known trademark protection system, a number of recommendations to improve the well-known trademarks in China anti-dilution protection system: First, select the \a necessary complement to the legislative ideas; second, a clear concept of well-known trademark dilution and specific circumstances; Third, to expand the range of well-known trademark anti-dilution protection; fourth, clear constituent elements of the well-known trademark dilution; Fifth, the establishment of a joint trademark defense trademark registration system; sixth, and improve the well-known trademark desalination tort liability system; seventh, to strengthen the well-known trademarks in the network environment, anti-fade legislation to protect; eighth, to increase the well-known trademarks reasonable use rights provisions.

Study in Anti-dilution of Well-known Trademark

Abstract

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