Research on Trademark Dilution Problem
|School||East China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Desalination Famous Trademark Confuse Weaken Sully Significance|
Trademark Dilution is a serious destruction trademarks inherent distinctiveness behavior. The correct understanding of trademark dilution, seeking Trademark Dilution legal regulation, to provide special protection for well-known trademarks, improve our well-known trademark anti-dilution protection legislation, the issues need to be addressed in this article. Author on the basis of access to large amounts of foreign classic case of writings and scholars, by comparison, analysis, inductive methods such as trademark dilution system of the text consists of four chapters enough into a more systematic exposition of the traditional theory of trademark protection lack of trademark dilution theory of sources identified behavior, advanced legislative experience content. Particularly the introduction of the 2006 Trademark Dilution Amendment and major modifications. Finally, the combination of the third revision of the \Chapter, trademarks economic function of angle, a detailed review of the historical evolution and development of the theory of trademark protection. The traditional the confusion theory can protect trademarks identification and dissemination functions, but with the development of socio-economic, confusing theory showing the trend of expanding explained. When a change in the role of trademarks in the commodities market in the trademark bearing the meaning of unprecedented wealth, the traditional theory of trademark protection has insufficient to protect trademarks economic function. Start some trademark inherently reputation to be freed from the independent existence of goods, trademark protection was in trouble. Dilution theory it is born out of this predicament. The paper analyzes the deficiencies of the traditional theory of trademark protection and dilute the theoretical background of history has made the introduction. Chapter II, this part focuses on the legal findings of the Trademark Dilution behavior, I think compared to the traditional trademarks theory is a great expansion of trademark protection, trademark dilution theory in order to prevent the \limited to well-known trademarks. In addition, this chapter also focuses on specific performance dilute the type of behavior, constitutes the practice. Desalination type of behavior, the authors believe that the the should include weakening and sully two each dilute the type corresponding to the damage of the the trademarks economic function. In terms of the constituent elements of the Trademark Dilution behavior, subjective fault is not one of the constituent elements. The practice play down the concrete manifestation of the behavior can be categorized into four forms. Chapter dilution theory, in order to better study and learn from the advanced experience. This chapter describes the 2006 Trademark Dilution, the introduction of the background and modify the content of the amendment. Clarified and reshaped in order to revert to, the original intentions of the Akira Table trademark dilution system, the kernel concept, the amendment to the definition of desalination judgment standard, well-known factors, manifestations, in order to reduce the differences in practice the unified court's understanding and application standards. The introduction of the U.S. Trademark Dilution Act Amendments of dilution theory development milestone of the Inter-known trademarks Antidilution legislation may well be beneficial to learn from. Chapter IV, with our own intellectual property development faster, protection efforts to strengthen focus on respect and safeguard the interests of the well-known trademark rights holders will also establish the well-known trademark dilution system Combining foreign advanced legislation experience by introducing the anti-the desalination field of the status quo of today's well-known trademarks in China, especially the current Trademark Law, 13, talked about their own views, put forward legislative proposals for specific trademark anti-desalination system, for the third time, \Modify number of important issues of well-known trademark dilution analysis. The idea of ??the article at the end of the article on China's Trademark Dilution Act.