驰名商标认定和保护制度评析OACHSSCD

Against the backdrop of building China into an intellectual property powerhouse and aligning with high-standard international economic and trade rules,the Trademark Law(Draft Amendment)undertakes a systematic overhaul of the regime for the recognition and protection of well-known trademarks.Through Articles 62 and 81,the Trademark Law(Draft Amendment)elevates the procedural status of well-known trademark recognition.By concentrating previously scattered provisions into Article 20,it establishes a more unified protection structure;it expands the scope of cross-class protection for unregistered well-known trademarks;and it strengthens convergence with international instruments such as the CPTPP and the TRIPS Agreement.These reforms reflect a"use-oriented,strong-protection"legislative orientation,reinforce the character of well-known status as a fact to be determined in individual cases,and are conducive to improving the business environment and curbing bad-faith registrations.However,the Trademark Law(Draft Amendment)still suffers from rudimentary design of recognition procedures,an unclear rights basis for unregistered well-known trademarks,and a weakening of the normative framework for anti-dilution protection,which may lead to procedural abuse and fragmented protection.Accordingly,the Trademark Law(Draft Amendment)should refine the thresholds for initiating recognition and clarify the legal effect of prior determinations,establish mechanisms to prevent abusive reliance on well-known status,and specify how"well-known"functions as an independent mode of acquiring rights in coordination with defensive trademarks.It should also complete the anti-dilution regime by drawing a clear line between confusion-based and dilution-based protection,introducing appropriate limitations on rights and higher fame thresholds.In this way,the well-known trademark system can better balance rights protection and the public interest and evolve toward a more efficient and balanced institutional arrangement.