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驰名商标承载着比普通商标更多的信息,蕴涵着巨大的商业价值,也正是因为这使得驰名商标相对普通商标而言更容易受到侵害,法律为了维护其利益而对其类化并特殊保护。但随着商业竞争的日益激烈,法律对驰名商标保护已有些力不从心,我们当初对驰名商标特殊保护价值基础已经开始发生了微妙的变化。本文拟就从三鹿有毒奶粉事件出发对驰名商标保护价值做一反思。
Well-known trademarks carry more information than ordinary ones, implying great commercial value, and precisely because they make them more vulnerable to common marks than well-known trademarks. They are also classified and specially protected by law in the interests of safeguarding their interests . However, with the increasingly fierce commercial competition, the law has become somewhat inadequate for the protection of well-known trademarks. At the beginning, we have begun to make subtle changes in the basis for the value of the special protection of well-known marks. This article intends to proceed from Sanlu toxic milk powder incident to protect the value of well-known trademarks to do a reflection.