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

The Famous Trademark Dilution Legal Issues

Author YaoYuan
Tutor YangWenBin
School Anhui University
Course Economic Law
Keywords well-known trademarks trademark dilution legislative confirmation legislative construction
CLC D923.43
Type Master's thesis
Year 2006
Downloads 234
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Well-known trademarks are those which have higher reputations and knowledge of the public in one country. They can not only classify the origins and the providers of the trademarks, but also stand for rich interior and high powers in the competitions. Well-known trademarks have enormous commercial values. Because of that, well-known trademarks are more easily to suffer others’ illegal use. They are possibly used illegally not only on the same or the similar commodity and service by other people, hut also on the completely different commodity and service or other uses outside the trademarks. Therefore, It is certain necessary and reasonable to provide the special expansion protection for the well-known trademarks compared with the ordinary trademarks. With this background it produces trademark delusion theory. It is a break-though of the missed-up theory and extends the protection of those well-known trademarks to different commodities or services. Outside the missed-up theory, it has established another system for the protection system for well-known trademarks. As the economy of our country develops, especially after China’s entering WTO, trademarks, especially those well-known trademarks are showing more and more significance in the domestic market competition. In such a background, the study of the trademark dilution and the proceeding of the anti- dilution legislation has a more urgently realistic significance.From the dialectical angle, on the one hand this article points out the present legislation is insufficient and proposes to construct the anti-delusion legal system of well-known trademarks in our country. On the other hand the article points out it need unify our national condition and the theory level, and could not make absolutization on anti-dilutionprotection of well-known trademarks. And it has to give dual attention to personal interest and social public benefit. Basing on some relevant achievements of some other scholars’ research, this paper has four parts in conveying the author’s ideas:First of all, it starts with the expounding of the concept of the trademark dilution, gives a thoroughly recounting of the origin of the theory of the well-known trademarks dilution, analyzes the nature of the dilution acts in different angles, and deducts the fundamental theoretical classification on well-known trademarks’ dilution.Secondly, on the basis of the above theoretical analysis, it brings forward how to make a practical legislative confirmation to the well-known trademarks’ dilution, and advances its own point of view on those problems with controversy. Firstly it advances that in the constitution of the well-known trademarks’ dilution torts, whether it is a certified trademark or not, actually it is determined by the principle according to trademark rights. The second issue is about the judge of the dilution of the individual subjective defects. It argues that the principle of admixture responsibility is more reasonable. The third one is about the judge of the consequences of damage, whether to adopt the "actual damage" standard or the "dilution possibility" standard. In the final analysis, we have to hold a careful attitude in considering the economical development status and theoretical development level.Secondly, it begins with the concrete reflection of the well-known trademarks’ dilution in our country and the current situation of legislation, gives a detailed analysis of the anti-dilution of the domestic well-known trademarks status, advanced that only partial contents of the "dilution theory" of the legislative protection are absorbed, problems on the theoretical basis of dilution and the vagueimage of the specific content of anti-dilution are to be solved.At last, the article suggests that a specific analysis on the establishment of a protective regulation on the anti-dilution of the well-known trademarks should be made: to pay attention to those necessary limits as well as to emphasize the extending on well-known trademarks’ protection, prevent the illegal use of those rights, prevent the monopoly as well as blocks to the economic growth. In the meantime, it proposes the opinion on the establishment of legal system on the anti-dilution of domestic well-known trademarks, which means selecting appropriate legal regulations to meet the country’s needs, placing the trademarks dilution issues into the system of the Trademarks’ Law, establishing an anti- dilution protective system for renowned trademarks, and at the same time clarify, regulate and improve the concrete contents of trademarks’ cilution in a theoretical point of view. Meanwhile, the paper holds that it is a reasonable attitude for the laws and regulations to prohibit illegal use of well-known trademarks and overprotection of the well-known trademarks’ rights. It is recommended to adopt limited regulations considering the state’s situation to protect those well-known trademarks from being dilution.

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