论文部分内容阅读
谁让“驰名商标”变了味根据相关规定,我国认定驰名商标有行政和司法两种途径,行政认定程序严谨、过程复杂,而司法认定受审理期限的限制,往往时间较短。一些商家在利益的驱使下,不惜触碰法律底线,频频自导自演商标侵权案,通过法院宣判披上一件驰名商标的外衣。如2006年,汕头市康王精细化工实业有限公司状告安徽某村村民商标侵权,胜诉后法院判定该公司持有的“康王kanwan”等三枚商标为驰名商标。具有讽刺意味的是,因涉嫌侵害云南滇虹的“康王”商标,在2007年汕头康王三件“驰名商标”
According to relevant regulations, our country finds that the well-known trademarks have two administrative and judicial channels. The procedures of administrative determination are rigorous and the process is complicated. However, the judicial determination is limited by the time limit for trial, which is often of a short period of time. Driven by the interests of some businesses, they did not hesitate to touch the bottom line of law. They frequently committed themselves to trademark infringement and sentenced them to a coat of well-known trademarks. In 2006, Shantou Kangwang Fine Chemical Industry Co., Ltd. sued the villagers in a village in Anhui for trademark infringement. After winning the court, the court determined that the three trademarks “Kangwang kanwan” held by the company were well-known trademarks. It is ironic that the “Kang Wang” trademark was allegedly infringed upon Yunnan Dian Hong. In 2007, three “Well-Known Trademarks”