【作者】 杨晓辉；

【导师】 赵军；

【作者基本信息】 吉林大学 ， 民商法学， 2007， 硕士

【摘要】 驰名商标作为知识产权的一项重要内容,国际条约和各国法律为其提供了与普通商标相比更广范围和更高水平的特殊保护制度。作为《巴黎公约》和世界贸易组织的成员国,我国已经建立一整套为驰名商标提供特殊保护的法律制度体系,但与国际公约和发达国家相比,我国对驰名商标的保护力度不够,实践中还存在一些尚待解决的问题。因此,本论文对驰名商标保护所涉及的一些基本和热点问题进行探讨,希望对进一步完善我国驰名商标保护制度,实现知识产权强国之路有所助益。论文分四部分展开讨论。第一章论述了驰名商标的概念、特征,驰名商标的认定,驰名商标保护制度的由来及其立法本意。驰名商标是指享有较高商誉,并为相关公众所知晓的商标。其中的相关公众的确定是认定驰名商标的核心概念。驰名商标的认定主要包括认定主体、认定标准和认定方式三个方面的内容。第二章论述了驰名商标保护的理论基础。混淆理论是驰名商标保护的传统理论和基本理论。在混淆理论的基础上,又出现了联想理论和淡化理论。其中的淡化理论是目前最新的,并被广为推崇的驰名商标保护理论。第三章介绍了我国驰名商标保护制度的立法现状,并指出了尚存在的不足之处。第四章对如何完善我国驰名商标保护提出了具体的建议。更多还原

【Abstract】 As an intangible property, with huge economic value, Intellectual property rights are regarded highly, well-known trademark is one content of Intellectual property rights, it is one kind of unmaterial wealth. Compared with the genaral trademark, the well-known trademark not only has the function of indicating the difference with other’s commodity or service, but also has the function of praising the quality and reputation of its commodity or service, and the function of advertising. International treaties and many countries of overseas give a special protection to it. As the number of The Paris Convention and the Trips Agreement, our country has established a law system of protecting well-known trademarks. But our theory and practice have some problems which still need to be solved. The author expects it can benefit theories and practices of well-known trademark system. The author write this paper wants to make efforts to our country’s more stronger protection of Intellectual property rights, to enjoy the competitive advantage in the international market, in order to seize the market as possible as much.this paper is thus divided into four parts.The first part clarify the conception and feature of well-known trademark. The definition of well-known trademark is "the trademark is that has highly known and acceptance by related public."the second section of this part is recognizing of well-known marks, including the main body, rule, way of recognizing of well-known marks. The court and government has the authority to recognize well-known marks. The standard of recognizing of well-known marks is most important of all problems.The phrase of "well-known mark" comes from the Paris convention. The special protection system is to safeguard well-known trademarks to present each kind of function normally, to prevent and punish any kind of violence, and maintains the normal market competition order. we can make a conclusion of the protection of well-known trademark is for the benefits of the trademark owner and protecting consumers. Holding the fair competition order of market.The second part analyzes the theoretical basis about well-known mark’s protection specially. The question of theory foundation of well-known mark is the key from which kind of theory angle to start to study. The main theoretical basis given by all countries about well-known mark are confusion theory, association theory, dilution theory. Confusion theory is the conditional and basic one. dilution theory is the newest and most popular of the three. dilution theory’s role is that it can afford protection on different types of goods. So the legislation can make well-known trademarks be protected even more well.The third part introduce the situation of protection of well-known trademark and shortcomings in our country. Although China has established a primary protection system of well-known trademarks, it still has many shortcomings, which still needs further perfection. For exmple our law system has not clear anti-dilution protection clause, the limitation on the right of well-known trademarks is scare. The way to conflict-settlement between internet domain names, enterprise name and well-known trademarks is coarse.The four part is the specific suggestion on how to develop our legislative system of well-known trademarks. The following shall be added to our trademark law: adding anti-dilution protection clause to well-known mark; elaborating the law on conflict-settlement between internet domain names, enterprise name and well-known trademarks; stipulating limitation on the right of well-known trademarks.In the conclusion, the article thinks that developing the law system of well-known trademarks not only can protect the fair benefit of the owner of well-known trademark, but also can maintain the effective competition of market. The improvement of our country’s economy needs the system too. developing the law system of well-known trademarks has very important Significance.更多还原