论驰名商标保护中的不当得利返还

On Well - known Trademark and Recovery of Illegal Gains

我国《商标法》对驰名商标的保护存在一定的问题:缺少“在先驰名商标权人先用权”制度,在先驰名商标所有人撤销在后注册人的商标权后,对在后商标注册人已经获得的不法利益未作任何规定。针对上述立法不足,本文提出应当赋予在先驰名商标所有人不当得利返还请求权并建立相应法律制度。

In Trademark Act of China, , there is some default in the regulations of protection for well -known trademark: priority of the owner of well -know trademark' has been omitted and right of claim for restitution of unjust benefits' has been omitted as well. In Trademark Act of china, based on the preceding analysis, this article has preferred some corresponding suggestions to perfect our legislation.