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Study of the Legal Relief for Overseas Rush Registration of Well-known Trademark

Author: LiWei
Tutor: JiangYanBin
School: Central South University
Course: Civil and Commercial Law
Keywords: Well-known trademarks overseas rush registration legal relief Trademark Law
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 132
Quote: 0
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Abstract

As for the overseas rush registration of well-known trademarks, it can be divided into goodwill registration and vicious registration from the subjective attitude of the registrant; it can summarized as legal and illegal registration from a legal point of view. The overseas rush registration of well-known trademarks discussed in this article refers to the vicious registration governed by Item 2 of Article 6 in "Paris Convention", namely the infringement violating international fair trade law and the integrity standards of trading. Legal relief for overseas rush registration of well-known trademarks refers to that after infringement occurs, the right owner proceeds to the competent organization according to the law for a solution and the organization accepts to hear the suit to make legally binding activities. Its core lies in the relief in accordance with the relevant provisions. The overseas infringement of well-known trademarks exists in various forms, and overseas rush registration of the well-known trademarks is the main form covered by the so-called "legal registration". It refers to that the registrant takes advantage of territoriality of the right to use the trademark, covers up the malicious purpose and wrongfulness of the act by the legal form of the registration to violates the principles of good faith and business ethics, causing serious consequences. For us, the foreign merchants excludes us to register our well-known trademarks internationally and plunders the reputation of well-known trademarks in China through overseas rush registration, in order to get a huge illegal profit, which results in higher costs of production and declines in competitiveness of products in Chinese enterprises. To solve this problem, we are forced to purchase trademarks at high price or give up the market share it that country. So the relevant legal relief of overseas rush registration of well-known trademarks has important practical significance. The core of overseas rush registration of well-known trademarks lies in "overseas", reflecting the nature of territoriality; overseas rush registration of well-known trademarks aims to expand overseas market share, gain the extra competitiveness and apply for the implementation of prior appliance plan in trademark registration system; the relevant legal relief for overseas rush registration of well-known trademarks is based on national legislation and international conventions; the principles of legal relief for overseas rush registration of well-known trademarks contains expanding protection principle, principle of protecting developing countries, principle of extending the relief and principle of diversity in legal relief; legal relief for overseas rush registration of well-known trademarks mainly refers to domestic relief and international relief; and it is recommended to improve domestic legislation and establish the international dispute settlement mechanisms related to well-known trademarks for our country to conduct legal relief for overseas rush registration of well-known trademarks.

Study of the Legal Relief for Overseas Rush Registration of Well-known Trademark

Abstract

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