The Legal Research on the Protection of Well-known Trademark in China
Shi Jing-yu
Abstract
Shi Jing-yu
Abstract
In the world special protection for well-known trademark has gone beyond the region principle of exclusive right trademark and registration principle. Member countries are require to protect foreign trademark which have not yet been registered in their own countries. Such protection has extended from non-similar goods to services. As to anti-well-known trade mark factors, names of manufactures, business mark and domain names are involved in the protection, besides trademarks. There is advance in well-known trademark protection with respect to and law enforcement. Issues on trademark registration, scope of region, way of determination need further discussion and the aim and method of special protection for well-known trademark should be studied more to perfect legislation, maintain fair competition, and protect custonmer's right and interests.
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In the world special protection for well-known trademark has gone beyond the region principle of exclusive right trademark and registration principle. Member countries are require to protect foreign trademark which have not yet been registered in their own countries. Such protection has extended from non-similar goods to services. As to anti-well-known trade mark factors, names of manufactures, business mark and domain names are involved in the protection, besides trademarks. There is advance in well-known trademark protection with respect to and law enforcement. Issues on trademark registration, scope of region, way of determination need further discussion and the aim and method of special protection for well-known trademark should be studied more to perfect legislation, maintain fair competition, and protect custonmer's right and interests.
Key concepts: Trademark, Business, Scope (computer science), Enforcement, China, Legislation, Unfair competition, Intellectual property