驰名商标悖论解析

驰名商标的认定和保护原本是市场经济的产物,在我国却融入了一些非市场经济的因素,企业、行业组织和政府部门对驰名商标的追求已经畸形化,使得驰名商标在中国被扭曲和异化。市场是优胜劣汰的竞技场,市场经济立法的基本宗旨是公平竞争,驰名商标在受到特殊保护的同时,不能挤占普通商标平等竞争的市场地位,企业更不能以驰名商标为幌子去坑害消费者。要通过建立动态认定机制,消除现有驰名商标认定和保护机制带来的一些弊端,化解立法宗旨和实际效果之间的矛盾,使驰名商标的管理和保护良性发展。

Analysis of Well- Known Trademark Paradox

The recognition and protection of well-known trademarks were originally a product of the market economy,but they were blended in some non-market economy factors in China,enterprises,commercial organizations and governmental departments in pursuit of well-known trademarks have been deformed,which makes the well-known trademarks in China distored and alienated.The market is the arena of survival of the fittest,the basic purpose of legislation of the market economy is fair competition,when well-known trademarks are protected specially,they can not crowd and occupy the market position of the ordinary trademarks,besides,enterprises can not hurt consumers under the guise of well-known trademarks.We should eliminate some drawbacks of the recognition and protection mechanisms of the existing well-known trademark to create a dynamic recognition mechanism,so that we could resolve the contradiction between the legislative purpose and practical effect and make the management and protection of the well-known trademarks develop better.