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The Theoretical Study on Trademark Infringement

Author: ChenHui
Tutor: LiYongMing
School: Zhejiang University
Course: Economic Law
Keywords: Trademark Trademark infringement Confuse theory Dilution theory Legend Theory
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 152
Quote: 0
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Abstract


With the continuous development of the globalization of the knowledge economy, the trademark as the function of the value of intangible assets is gradually discover and attention, it is playing an increasingly larger role in the market competition. Trademark infringement cases in China growing and the diversified trends, how to correctly identify the trademark infringement is particularly necessary. Basic properties and the primary function as a trademark, the recognition function was specific link between the destruction trademarks of their goods or services approved will fracture easily lead to the relevant public in the choice of goods misidentification, therefore, confuse the theory has been trademark infringement recognized basic standards, it also has been the theory and practice of the world recognized. Along with the trademark function gradually expanding from identification to recognition of well-known trademarks and famous trademarks are emerging, the trademark by the mere difference function evolved into an implication huge value of intangible assets. At the same time, some people often through a variety of well-known trademarks \In this context, the theory of trademark protection designed to protect the public's confusion theory developed to the the dilution theory designed to protect the trademark owner Goodwill and intangible assets and Lenovo theory. Text is divided into six chapters: the first chapter of the basic theory of trademark and trademark infringement interpretation of trademarks and their functions were discussed, the definition of trademark infringement and manifestations, on this basis, leads to a trademark infringement major theoretical significance. The following three chapters introduce and assess the world Legislative profession, the judiciary exist three main theories throughout a typical country comparative study of the three chapters. The second chapter focuses on interpretation confuse the basic theory of the theory, confusion of different classification and identification of likelihood of confusion, pointing out that the the confusion theory has become the basic theory of the inevitability of trademark infringement. The third chapter focuses on the theoretical interpretation of desalination generation, components and play down the possibility of identification, pointed out that the produce desalination theory is dilution theory in order to compensate for the limitations confuse theory of well-known trademarks in the non-similar goods or services played a very important role. The fourth chapter focuses on interpretation of Lenovo theory, the basic theory, Lenovo weaken and confuse the relationship between the the Lenovo theoretical limitations. Chapter V focuses on the legislative status quo of China's trademark infringement, combined with the previously discussed three theories on the status quo of China's legislative commentary, and put forward the legislative proposals.

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