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On the Legal Protection of Well-Known Trademarks

Author: WangLiPing
Tutor: LiZuMing
School: China University of Political Science
Course: Legal
Keywords: Famous Trademark Legal protection Dilution Theory Famous Brand Strategy
CLC: D923.43
Type: Master's thesis
Year: 2006
Downloads: 726
Quote: 1
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Abstract


The legal protection of well-known trademarks, the world is a hot issue in the field of intellectual property. The paper uses empirical research and comparative analysis discussed this issue, pointed out the problems that exist in the legal protection of well-known trademarks in China, and to propose solutions. The three parts of the text, including the introduction, body and conclusion. Introduction discusses the importance of the protection of well-known trademarks to start, a brief overview of the historical development of the international legal protection of well-known trademarks in China and the status quo, expounded the necessity of legal protection of the study of well-known trademarks. The body consists of the following four components: First, the well-known trademarks Overview. First, starting from the concept of well-known trademarks. Well-known trademark does not have a unified definition, introduced in view of the definition of the relevant international treaties and our laws and scholars, and the comparison is case of well-known trademarks and similar concepts. The second section describes the well-known trademark, and analyze the China Trademark Identification. Specifically identified the main identification methods, recognized standards and recognized the effectiveness of four aspects: 1, the main body of well-known trademark in China, including the trademarks of the administrative authorities and the courts; 2, China's well-known trademark, experienced by \development process; 3, of \protected records. Relevant international Convention on the legal protection of famous trademarks. Paris Convention Article provides relatively complete legal protection of well-known trademarks, but the scope is limited to the same or similar goods. TRIPS Agreement, expanded the the objects scope of protection of well-known trademarks, will be extended to the protection of famous trademarks service marks; expand the range of well-known trademark rights, the protection of well-known trademarks registered expanded to prohibit not similar goods or service with the well-known trademark identical or similar identification; broadly provides for well-known trademarks should follow the standard, should be considered to know the extent of the trademark in the public domain. \Third, the legal protection of well-known trademarks in China. Descriptions of well-known trademarks legislation to protect nearly two decades of historical development and current status: the relatively short history of well-known trademark protection, the legislation is still immature, and have not formed a sound legal system; practice in the protection of famous trademarks in progress in China, But there are still many problems, especially due to the limitations of the legislation, the well-known trademark anti-dilution protection is far from perfect. Therefore, the analysis of well-known trademark dilution theory

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