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Judicial Determination of Well-known Trademarks in China Case Study

Author: HongLi
Tutor: HuZuo
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: well-known trademarks judicial determination the concept of well-known trademarks History found the principle of that standard the executive finds
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 127
Quote: 0
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Abstract


In today’s socialist market economy system, market players mark the attention of the growing, well-known trademarks and trademarks of the more general sense of identity with the broader market and potential market appeal, as enterprises in the modern market economy, competition in the market environment "killer." Well-known corporate trademarks or directly related to economic and social benefits, the pursuit of well-known trademark is increasingly recognized by all high priority. Courts in recent years involving well-known trademarks of the rapid growth in the number of infringement cases, especially in central and western regions.Determined according to the law through the case to well-known trademarks, well known Chinese and foreign trademark rights to protect the legitimate rights and interests, resulting in a good legal and social effects. But it is undeniable that the current well-known trademark recognition of the people’s court trial practice is still at the exploratory stage, some of the people’s court had not even heard of such cases or less, the overall relative lack of trial experience; well-known trademarks on the specific legal provides the relative strength of principle, operational relatively weak, may easily produce a different understanding; some of the people trying to trade mark rights "false action" or "legal fiction" the way it does not have well-known trademark into a well-known trademark of as part of its expansion of the brand influence, and thus open up the market, which seriously affect the legal form of the seriousness and authority, reducing the credibility of the judiciary, has aroused great attention.Judicial determination of well-known trademarks for our problems in practice, I propose the following complete system of judicial determination of well-known trademarks in China:the introduction of a more operational special judicial interpretation; strengthen the trademark trial judge training; Court finds well-known mark before the multi-advice, comprehensive access to the material as possible to avoid the "water" of the well-known trademarks; court in the case of trademark infringement when the full account of the need for well-known trademarks; judicial determination of well-known trademarks to establish a system of notification and accept social supervision and so on.

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