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Study on Judicial Recognition of Well-known Trademark in China

Author: GaoMeng
Tutor: CheChuanBo
School: Jilin University
Course: Legal
Keywords: Famous Trademark Judicial determination Chief finds Critical review
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 139
Quote: 0
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Abstract


Well-known trademark as an important part of intellectual property rights , its own representative highly competitive , value and vulnerability of its protection system is more and more the attention of the international community . Trademark Identification is the premise and basis of the well-known trademark protection through the correct identified in order to achieve proper protection . Judicial determination that the well-known trademarks of well-known trademarks in China Chief finds and judicial determination in an important way , the two-pronged approach mode , because of its quick and easy , and consistency with the spirit of international treaties and international practice , in the work of well-known trademark protection more and more important . But in practice , it is indeed because of the existence of some problems sparked controversy for judicial determination ways . Starting from the origin of the well-known trademark parsed from various levels of necessity , principles , standards , proceedings of a judicial determination system of well-known trademarks in China , and focus on the problem from a practical point of view to explore the reality that exists in the entire process of judicial determination . and causes , focusing on the analysis of the effectiveness of conflict between the judicial determination of well-known trademarks alienation and administrative identified phenomenon , and mainly in the course of the proceedings the court finds that the regulation of the behavior , and the determination of the final adjudication of Justice as well as the well-known registered trademarks and unregistered the equality of the degree of protection of well-known trademarks on its own proposals , hoping to promote the well-known trademarks in China further improvement of the system of judicial determination .

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