知识产权论文中英文对照外文翻译文献

中英文对照外文翻译文献

1外文参考文献译文

the well-known trademarks and dilute anti-diluted First, well-known trademarks Summary

Well-known trademarks is a long-term use, in the market enjoy a high reputation, known for the relevant public and by certain procedures that the trademark. Since the "Paris Convention" was first introduced the concept of well-known trademarks, the well-known trademarks for special protection legislation has become the world trend.

Paris Convention stipulates: all of the members were identified as the well-known trade marks, or registered First, the first to ban others, and the other is to prohibit the use of others with identical or similar logo. Trips further provides: 1, the Paris Convention for the special protection and extension of the services of well-known trademarks, 2, the scope of protection does not extend to prohibit similar goods or services with the well-known trademarks for use on the same or similar logo, 3, on how to That a well-known trademarks in principle a simple requirement.

National legislation on the practice, the well-known trade marks that standards vary, often based on specific trade mark promotion of public awareness of related areas, logo merchandise sales and the scope of national interests, and o ther factors identified. From an international treaty to protect the well-known trademarks mind, that well-known trade marks and protection of well-known trade marks are closely linked.

Second, the well-known trademarks protected mode

On the protection of the main trademarks of relative and absolute protectionism two models.

The former refers to ban others with well-known trademarks identical or similar trademark with the trademark owner the same or similar industries in the registration or use of similar goods in non-use of the same or similar trademarks is permitted, "the Paris Convention "That is, relative to protectionism.

While the latter refers to ban others in any industry, including the well-known trade mark goods with different or similar to those in the industry to register with the well-known trade marks and the use of the same or similar trademarks, TRIPS agreement that is taken by the expansion of the absolute protectionism.

In simple economic form, as specified by the trade mark goods at a single, specific trade mark goods and the link between more closely. With, a valuable well-known trademarks have been more and more use of different types of commodities, which are among the types of goods on the property may be totally different, in a trademark associated with the commodity groups and the relative weakening of trade marks Commodity producers and the relative isolation. Not well-known trademarks such as cross-category protection and allow others to register, even if the goods obvious differences, the public will still be in the new goods and reputable well-known trademarks to establish a link between people that the goods may be well-known trademark, the new commodities , Or the well-known trademarks of goods and people between the existence of a legal, organizational or business association, thus leading to the misuse of consumers purchase. The rapid development of the commodity today, the relative protectionism has not improved the protection of the public and well-known trademark owner's interests.

In view of this, in order to effectively prevent the reputation of well-known trademarks, and the identification of significant features and advertising value by the improper use of the damage, many countries on the implementation of a well-known trademarks is protectionism, which prohibits the use of any products on the same or with the well-known trademarks Similar to the trademark.

TRIPS Agreement Article 16, paragraph 3 states: Paris Convention 1967 text, in principle, applicable to the well-known trademarks and logos of the commodities or services are not similar goods or services, if not similar goods or services on the use of the trademark will be Suggest that the goods or services with the well-known trademarks on a link exists, so that the interests of all well-known trademarks may be impaired.