2011•Journal of Changchun University of Science and TechnologyRequires access

Research on Protection Legislation of Well-known Chinese Trademark Anti-dilution

Tang Yan-chu

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Abstract

Dilution is a kind of infringement act that seriously infringes the interests of well-known trademark holders.The protection system of Chinese well-known trademark anti-dilution still has legislative blank in the following aspects: the definition of the concept of trademark dilution,the manifestations of trademark dilution,identification criteria,undertaking of legal consequences and etc.Based on the protection of the interests of trademark holders,this paper proposes that we should perfect the well-known trademark anti-dilution from the two aspects below: First is to bring the well-known dilution theory into Trademark Law and clear the legal nature of well-known trademark dilution;Second is to make clear the civil liability of well-known trademark dilution act.

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What this paper is about

Dilution is a kind of infringement act that seriously infringes the interests of well-known trademark holders.The protection system of Chinese well-known trademark anti-dilution still has legislative blank in the following aspects: the definition of the concept of trademark dilution,the manifestations of trademark dilution,identification criteria,undertaking of legal consequences and etc.Based on the protection of the interests of trademark holders,this paper proposes that we should perfect the well-known trademark anti-dilution from the two aspects below: First is to bring the well-known dilution theory into Trademark Law and clear the legal nature of well-known trademark dilution;Second is to make clear the civil liability of well-known trademark dilution act.

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Available abstract

Dilution is a kind of infringement act that seriously infringes the interests of well-known trademark holders.The protection system of Chinese well-known trademark anti-dilution still has legislative blank in the following aspects: the definition of the concept of trademark dilution,the manifestations of trademark dilution,identification criteria,undertaking of legal consequences and etc.Based on the protection of the interests of trademark holders,this paper proposes that we should perfect the well-known trademark anti-dilution from the two aspects below: First is to bring the well-known dilution theory into Trademark Law and clear the legal nature of well-known trademark dilution;Second is to make clear the civil liability of well-known trademark dilution act.

Key concepts: Trademark, Trademark infringement, Legislature, Business, Legislation, Liability, Law, Political science

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