What are the principles for judicial recognition of well-known trademarks
The judicial determination of a well-known trademark refers to the judicial act in which the court determines whether the disputed trademark constitutes a well-known trademark based on the request of the parties and the specific circumstances of the case during the trial of a specific trademark case. Compared with the administrative recognition of well-known trademarks, the judicial recognition of well-known trademarks has its own advantages. Identifying well-known trademarks through judicial procedures is faster in terms of efficiency and more certain in effectiveness, and is more suitable for enterprises to make the first choice of trademark claims. Therefore, the number of judicially recognized well-known trademarks has grown extremely rapidly.
The principles of judicial recognition of well-known trademarks include the principle of on-demand recognition, the principle of passive recognition, the principle of case-by-case recognition, the principle of fact recognition, the principle of strict jurisdiction and the principle of active review. These principles are reflected in the newly promulgated "Interpretations on Several Issues Concerning the Application of Laws for the Identification and Protection of Well-Known Trademarks in the Trial of Civil Disputes Cases of Trademark Infringement and Other Infringements" (Draft for Comments). Adhering to the above principles in judicial practice is of great significance in preventing the "alienation" phenomenon of judicial identification of well-known trademarks and returning the judicial identification of well-known trademarks to their institutional essence.
The Supreme People's Court announced "On hearings involving computer networks" Interpretation of Several Issues on the Application of Law in Domain Name Civil Dispute Cases", the People's Court's power to identify well-known trademarks in accordance with the law. On October 12, 2002, the Supreme People's Court promulgated the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases", which made clearer and more specific provisions for judicial determination of well-known trademarks and established the judicial protection of well-known trademarks by courts. mechanism. So far, the recognition of well-known trademarks in my country has experienced a development process from scratch, from non-standard to gradually standardized, and from a single-track system of administrative recognition to a dual-track system of administrative recognition and judicial recognition.
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