2006•Journal of Wuhan University of Science and TechnologyRequires access

Absence of Legislation regarding Trademark Anti-dilution

YU Jin-kui

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Abstract

While the trademark anti-dilution legislation and judication in the western countries are rather developed,the trademark anti-dilution in China,though covered in a certain way by the Trademark Law of the country and other relevant regulations,is characterized in legislation by the absence of the provisions regarding the nature and form of as well as legal responsibility for trademark dilution behaviors.Consequently,the trademark selfprotection of the enterprise and the legal protection of trademark have no provisions as the basis,bringing about difficulties and confusion in practice.Therefore,it is of vital importance to perfect the trademark anti-dilution legislation in China.

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What this paper is about

While the trademark anti-dilution legislation and judication in the western countries are rather developed,the trademark anti-dilution in China,though covered in a certain way by the Trademark Law of the country and other relevant regulations,is characterized in legislation by the absence of the provisions regarding the nature and form of as well as legal responsibility for trademark dilution behaviors.Consequently,the trademark selfprotection of the enterprise and the legal protection of trademark have no provisions as the basis,bringing about difficulties and confusion in practice.Therefore,it is of vital importance to perfect the trademark anti-dilution legislation in China.

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Available abstract

While the trademark anti-dilution legislation and judication in the western countries are rather developed,the trademark anti-dilution in China,though covered in a certain way by the Trademark Law of the country and other relevant regulations,is characterized in legislation by the absence of the provisions regarding the nature and form of as well as legal responsibility for trademark dilution behaviors.Consequently,the trademark selfprotection of the enterprise and the legal protection of trademark have no provisions as the basis,bringing about difficulties and confusion in practice.Therefore,it is of vital importance to perfect the trademark anti-dilution legislation in China.

Key concepts: Trademark, Legislation, Confusion, Business, China, Trademark infringement, Law, Political science

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