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驰名商标作为品牌信用的重要组成部分,对其适当的运用影响着企业生存与发展以及经济的可持续发展与优化升级。驰名商标在带来巨大经济效益的同时,市场主体对其趋之若鹜也加剧了驰名商标的异化。驰名商标异化现象,在驰名商标认定的目标、路径和结果上或多或少背离或偏离了驰名商标立法目的或权利本质,与人们对驰名商标的合理期待相冲突,致使驰名商标的立法目的难于实现。此外,驰名商标异化加剧了市场主体的非理性化,破坏了正常的竞争秩序,市场主体“恶意创驰”也损害了司法权威,加重了司法负担。因此,应尽快采取切实有效的解决措施和对策,以还驰名商标制度以本来面目。
Well-known trademarks as an important part of brand credit, its proper use affects the survival and development of enterprises and economic sustainable development and optimization and upgrading. Well-known trademarks bring huge economic benefits at the same time, the market players rush to its rush also exacerbated the dissimilation of well-known trademarks. Well-known trademark alienation phenomenon, more or less deviation from or deviation from the well-known trademark legislative purpose or right essence in the target, path and result of the well-known trademark conflict with people’s reasonable expectations of well-known trademark, resulting in the difficulty of the legislative purpose of well-known trademark achieve. In addition, the alienation of well-known trademarks exacerbates the irrationality of the market players and undermines the normal competitive order. The market players, such as “vicious Chong Chi,” also undermines the judicial authority and aggravates the judicial burden. Therefore, effective measures and measures should be taken as soon as possible to restore the well-known trademark system to its original features.