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The Protection of Well-known Trademark by Anti-Dilution

Author: TongZuoZuo
Tutor: JiGuangBing
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Well-known Trademark Desalination Anti - dilution protection
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 348
Quote: 3
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Abstract

Because of its great commercial value, well-known trademarks are more susceptible than ordinary trademark of unlawful infringement of others, and thus the legal wider and stronger protection. The more well-known trademarks, against the phenomenon is more serious, to provide special protection for well-known trademarks, has become the general practice of States, mainly reflected in the special protection of well-known trademarks expand the scope of protection of well-known trademarks. Trademark dilution is such a trademark infringement, dilute behavior in non-similar goods or services with the same or similar identification of well-known trademarks, which leads to weakening of the significance of well-known trademarks and attractive, dilute behavior is a serious infringement behavior of well-known marks, showing the different characteristics of well-known trademarks behavior and common assault. From the analysis of the nature of the well-known trademark dilution behavior, learn from foreign Antidilution theoretical analysis results and the legal system, found that China's lack of protection of the law for well-known trademarks Antidilution explore our selection of well-known trademark mode and to seek anti- dilute the theoretical basis for building anti-desalination system, improve the existing well-known trademarks Antidilution system. The Trademark Dilution correct understanding and to seek legal regulation to provide special protection for well-known trademarks, legislation to improve the protection of well-known trademarks Antidilution promote judicial practice of China's well-known trademark anti-dilution protection, is the purpose of this study. Collection of foreign and international treaties relevant information in terms of well-known trademarks and well-known trademark dilution, to study and learn from foreign advanced theoretical research and institutional framework experience. The use of empirical analysis, logical analysis, and economic analysis combined with the necessary research, on the basis of a comparative analysis with the theory and system of the foreign perspective of theory is not enough to deepen and the scope of the system for the protection and well-known trademarks mode defects and trying to make up for the. There is in reality a large number of cases of trademark dilution, the practical requirements of trademark dilution in-depth study of the theory and legislation, especially after joining the WTO, China's legal in urgent need of revision and improvement to the same international standards. Therefore, the study of well-known trademark dilution theory, continue to learn from the experience of other countries in legislation, improve relevant laws and regulations, China has important theoretical and practical significance. The text of this paper is divided into four parts. Part I: This chapter describes the basic theory of trademark dilution. First introduced the concept of trademark dilution, legal connotation and the constituent elements, and fade the in theoretical classification in reality a concrete manifestation of a more systematic, and finally to play down the nature of the act were analyzed and summarized. Part II: From the behavior to dilute the identification of the object and desalination constitute elements of further dilute the behavior analysis and qualitative. And the departure from the legal point of view of the United States, in-depth analysis of the behavior of well-known trademark dilution relief conditions. Part III: This chapter of the trademark of the world anti-dilution protection laws, institutions and practices to be introduced by reference, summarize, analyze relevant information, of the countries well-known trademark anti-dilution protection. Be introduced on the evolution of the special protection of well-known trademarks in China, and our trademarks Antidilution the protection of the status quo analysis, pointing out that the defects and deficiencies in this area. Part IV: the idea of ??The my trademark Antidilution the perfection of the legislation proposed in the \and to continuously enrich the specific content of the anti-dilution protection in China, in order to be beneficial to the improvement of the system of protection of well-known trademarks in China.

The Protection of Well-known Trademark by Anti-Dilution

Abstract

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