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The Risk Aversion and Countermeasures on the Preemptive Chineses Well-known Trademark Registration Overseas

Author: LiZuo
Tutor: ZhengShuQian
School: Henan University
Course: Civil and Commercial Law
Keywords: Well-known Trademark Preemptive Trademark Registration Risk evasion Countermeasures
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 236
Quote: 0
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Abstract

Along with our country socialist market economic development, our company has not only set the domestic limited development goal, so a large number of outstanding enterprise begin to enter the international market. The Preemptive Chinese well-known Trademark Registration in overseas has been a pressing problem in various inevitable obstacles when Chinese products be popularized to the international market. The preemptive Chinese well-known trademark registration abroad is not only harms the enterprise’s interests and hinders the enterprise’s international development strategy, but impacts our national intellectual property strategy and seriously damages national interests. Therefore that strengthen our ability to evade and repartee to the Preemptive Chinese well-known Trademark Registration in overseas not only benefits to the development of Chinese enterprises, and accelerates our national comprehensive strength .This article has four parts except the prelude and postscript.The first part is mainly to analyze the theory basis of overseas protection of Chinese well-known trademarks. Firstly it expounds the concept of trademark and the single recognition functions to product source of trademark in traditional trademarks value theory. Then it interprets the new values of trademark in the environment of modern economic development by using economic analysis methods, especially emphasize the importance of trademark in connection with well-known trademark and excellent products quality by analyzing the asymmetric information to the product from producers and consumers in the market. Then in the macro range it reveals the significance of well-known trademark in our nation international brand strategy. So it’s seriously important to protect well-known trademark for developing Chinese international trade, breaking the non-tariff barriers and guaranteeing the nation position in international market.The second part is mainly discussed the present situation and reason of preempting Chinese well-known trademark registration abroad. The reality of the present situation of protecting Chinese well-known trademark overseas is not optimistic, mainly reflecting on two aspects: first, at present the international registration of Chinese trademarks has large shortage, not matching Chinese market body size. Second, Chinese well-known trademark is frequent preemptively registered overseas and a large number of well-known trademarks has been registered in overseas by others. We can find that it has several reasons that Chinese well-known trademark being preemptively registered overseas by analyzing relative cases: first is the lack of our internationalization development strategy of enterprises’trademark, Second is the huge interests stimulating of preemptive trademark registration, third is the institutional factors of trademark register.The third part is the review and analysis of international protection system for well-known trademark. It embodies the whole system of international protection of well-known trademarks in four aspects of the Paris convention, Madrid international registration of trademark system, trade-related intellectual property rights agreement and international trademark registration system, and analyzes the various scope of protection of well-known trademarks, effectiveness, affection and defect of the four institutions. Based on those it summaries the advantages and disadvantages of protection of Chinese well-known trademarks in overseas, for providing the basis to the next part of researching the protection strategy of well-known trademark overseas.The fourth part mainly expounds the risk precaution of preemptive trademark registration overseas and the coping methods with finished preemptive trademark registration. The risk precaution mainly researches our overseas well-known trademark protection risk guard mechanism in three aspects of the model selection of the international trademarks registration, the pre- registration and target of united marks and defence mark and the monitoring of government. The coping methods with finished preemptive trademark registration mainly discusses the strategies in three aspects of the application of repealing trademark, timely intervention of the government, and the selection of best negotiating time by analyzing the case of“Hisence preemptive registration”.Alongside the preemptive Chinese well-known trademark registration abroad becoming the major international development barrier of Chinese enterprises, China has attached importance to this problem and devoted effort to research how to protect national well-known trademark in theory and practice, although the relevant protection system of national well-known trademarks overseas is still not perfect. On the base of analyzing international trademark protection system, this article puts forward the overseas protection strategies of our national well-known trademark from risk guard and afterwards coping by researching the basis theory of trademark value, status quo of preemptive registration of Chinese well-known trademark overseas and typical cases of preemptive registration. The author hopes his research could benefits to perfect our national protection ability to well-known trademark, even slightly.

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