What are the emergence and evolution of well-known trademarks
Well-known trademarks are also called well-known trademarks or well-known trademarks. The Paris Convention for the Protection of Industrial Property was the first to involve the issue of well-known trademarks, but there was no provision on well-known trademarks in the original text signed in 1883. It was not until 1911 that France was the first to realize and raise the issue of the protection of well-known trademarks. However, As two countries that only protect registered trademarks opposed the French proposal, it was ultimately not adopted. In 1925, the Netherlands and the International Bureau for the Protection of Industrial Property once again put forward the proposal to protect well-known trademarks. After intense discussions, a provision specifically for the protection of well-known trademarks was added to the Convention, namely Article 6bis.
The protection of well-known trademarks in China began in 1992. In 1996, the State Administration for Industry and Commerce promulgated the "Interim Provisions on the Recognition and Protection of Well-known Trademarks" (hereinafter referred to as the "Interim Provisions"). The promulgation of the "Interim Provisions" made China The identification and management of well-known trademarks has since entered the track of legalization and standardization. In 2003, the State Administration for Industry and Commerce promulgated the "Regulations on the Identification and Protection of Well-known Trademarks" (hereinafter referred to as the "Protection Regulations"), which came into effect on June 1, 2003. , the "Interim Provisions" are abolished at the same time. Whether it is the "Protection Provisions" or the "Interim Provisions", they are only departmental regulations formulated by the State Administration for Industry and Commerce. In the trial practice, the people's courts often directly or indirectly identify well-known trademarks⑸.
The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" (hereinafter referred to as the "Interpretation of Internet Domain Name Issues") adopted by the Supreme People's Court in June 2001 stipulates that the People's Court shall In domain name dispute cases, it is possible to determine whether a registered trademark is well-known; in December 2002, the Supreme People's Court adopted the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Trademark Civil Dispute Cases" (hereinafter referred to as the "Interpretation of Trademark Dispute Issues" ) stipulates that when hearing trademark dispute cases, the People's Court may determine whether a registered trademark is well-known. "Trademark Law" and its "Implementing Regulations", "Protection Regulations" and "Interpretation of Internet Domain Name Issues" and "Trademark Dispute Issues" "Interpretation", together constitute the legal protection system for well-known trademarks in China at this stage. The legal protection practice of well-known trademarks has a short history of development in China. Compared with Western developed countries, the legal system also needs to be further improved.
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