Perfection of Legislation of the special protection of well-known trademarks in China

This dissertation is the theory article about the legislation protection of far-famed brand. It consists of four parts.The first part is the history and the development of far-famed brand’s special protection. They will be dissertated separately in the following two section including the rules of international treaty about far-famed brand protection and the rules of others country about far-famed brand protection. In the first section, firstly it give the introduction of the origin about far-famed brand’s special protection system and point out that 《France treaty》 break through the regional principle and register principle of brand exclusive right for far-famed brand special protection, require that the country of the member should protect those foreign far-famed brand unregistered in their own country, then it analyze and dissertate the development process of far-famed brand protection system, and give the introduction of TRIPS treaty about far-famed brand’s special protection and concrete rule of the world intellectual property organization about far-famed brand’s extending protection. In the second section, in order to meet the international treaty’s requirements, the U.K., France, the United States and Japan give the brief introduction about far-famed brand’s legislation protection. In the third section, this thesis states two periods that protection of far-famed brands under low-level legislation and high-level legislation to be in accordance with international treaties.The second part is the theoretical basis about far-famed brand’s special protection. The main theoretical basis given by all countries about far-famed brand extending protection are, confusion theory, association theory, dilution theory. This thesis states that though there are related regulations based on dilution theory in our country, protection of far-famed brands is still based on confusion theory. The dilution theory mainly to protect private rights of the brands-holder has not been commonly cared.The third part is the emphasis of the article that is the system discussion and perfect about Chinese far-famed brand’s special protection.