论文部分内容阅读
一、驰名商标司法认定的“异化”现象:与立法本意背道而驰驰名商标在经济活动中具有显著影响力,它的认定受到有关行业和社会各界的高度关注,2002年至2006年10月,全国各地法院共认定了187件驰名商标,依法保护了商标权人的合法权益,产生了良好社会效果。但当前社会上一些企业出于一己之私,利用法制的不健全滥用权利,将本来法律赋予的扩大保护的手段。变成其追求荣誉称号、获取商业利益的策略和工具。他们盲目攀比和追捧,甚至通过不正当手段获取认定,不适当的加以宣传利用,致使出现了违背市场经济规律和法治原则的“驰名商标司法认定热”。这种现象背离了驰名商标制度在于为其提供特殊法律保护的初衷,驰名
First, the well-known trademark judicially recognized “alienation ” phenomenon: contrary to the intention of legislation Well-known trademarks in the economic activity has a significant influence, its recognition by the relevant industries and the community attention, from 2002 to October 2006, A total of 187 well-known trademarks were affirmed by courts across the country, protecting the lawful rights and interests of trademark owners in accordance with the law and producing good social effects. However, at present, some enterprises in the society, out of their own private interests, use the imperfect abuse of the legal system to extend the means of protection that the original law gave. Into its pursuit of honor, access to commercial interests of the strategies and tools. Their blind comparisons and pursuit, even through improper means to gain recognition, improper use of publicity, resulting in a violation of the principles of the law of the market economy and the principle of “well-known trademark judicature hot.” This phenomenon deviates from the well-known trademark system is to provide special legal protection of its original intention, well-known