驰名商标淡化法律问题分析-analysis on legal issues of well - known trademark desalination.docxVIP

1 1 2 2 Abstract Over 20 years of reform and opening up, China’s economy has a rapid development. Meanwhile, the competitive forces and the domestic trademark’s influence on the world were effectively promoted. Amended in 2001, our nation’s trademark act is able to meet the demand raised by the developing social situation. There is, however, still a large gap between the domestic famous trademark protection theory and American and European Union’s. With the development of our country’s economy, the famous trademark often become the object of infringing on non-competitive commodity, even if there is not possibility of confusion, due to the quality, prestige and the value the trademark symbolizes. The bringing up of dilution theory and the founding of anti-dilution act protection both become an objective must on resolving prestige-dispute issues. The author makes a fully survey and proves against the anti-dilution related act and theory, and puts forward her own views. The paper expounds and proves the connotation of anti-dilution and its developing history, theory foundation, verification of behavior, legal liability and our nation ‘s dilution act construction by using the ways of reviewing, comparing, analyzing and consulting plenty of document both at home and abroad. Part 1: The general introduction to trademark dilution and its history evolution on law. The research should be based on the complete understanding to the basic connotation and its historical surroundings. The paper makes a first introduction to the in notation of trademark dilution, and then depicts the outline of dilution by distinguishing the violated object. In addition, makes a further study on the history of dilution legislation and social background, at the same time paves a way for our nation’s anti-dilution act build solution mentioned in the following part. Part 2: The theory foundation of trademark dilution policy. The section intends to clarify the reasonability of dilution act that result