谫论我国驰名商标法律保护制度及其完善

On Legal Protection of Famous Trademark of Our Country and Its Perfection

我国已建立了较完整的驰名商标认定和保护制度,但司法认定却被严重异化,急需完善驰名商标认定体系,加强司法认定和行政认定的统一性。驰名商标作为一动态概念,在不符合其构成要件时,应按照驰名商标退出机制退出特殊法律保护。

China has established a complete cognizance and protection system of the well-known trademark. However, the judicial cognizance has been dissimilated, which needs to perfect the cognizance system of the well-known trademark and needs to unify the judicial cognizance and the administrative cognizance. As a dynamic concept, when it does not accord with its constitutive requirements, the well-known trademark should exit the special legal protection mechanism.