The Identification and Protection of Well-known across the Taiwan Straits / 海峽兩岸著名(馳名)商標的認定與保護

碩士 / 南台科技大學 / 財經法律研究所 / 99 / Celebrated brands refer to those well-known brands with high reputation to the related public in the markets. After Taiwan and China joined World Trade Organization, WTO, the relationships between the two countries across Taiwan Strait are developing much faster, and the trade between them is getting closer and closer. However, on the other side, the disputes for celebrated brands are happening very often. Among all, plagiarizing and copying others’ brands are the most serious disputes. As a result, issues regarding to “the identification and protection of celebrated brands across the Taiwan Straits” are widely concerned by many enterprises, and the following problems are absolutely needed to be solved by related authorities.
Because of the different law systems across the strait, each has its juridical authorities and systems. Therefore, the disputes for celebrated brands not only result from individual different systems, but also from adventures who cause disputes among celebrated brands and take advantages from the flaws and disputes by copying and registering. For example, the logos of Hey Song and President from Taiwan were illegally registered in China. Therefore, it is absolutely not sufficient to have only single-sided protection for brand privilege; it is emergent to have double-way protection, to coordinate two different systems, and to fight against plagiarizing and illegal registration. This research is based on the identification for celebrated brands and their protection systems, to probe their similarities and differences, and to raise possible solutions to the disputes of celebrated brands existing within the two countries. The purposes of this research, in one hand, is providing chances for each other to understand individual brand law system, and on the other hand, is helping the governments to pay attention to people’s realistic needs when dealing with related political issues. Protection for celebrated brands is one of what governments have to do, and it is also one of the issues which can be easily reach mutual consensus. Especially for Taiwanese enterprises and people, it is essential for us to compete in business with China if we can clearly understand their regulations about intellectual property rights.
Finally, this research suggests that both countries should solve the disputes on celebrated brands by WTO/DSB (Disputes Settlement Body), establish the structures, ECFA (Economic Cooperation Framework Agreement)/DSB, to solve celebrated brands disputes, promote “the protection and cooperation systems regarding the identification and protection of celebrated brands across the Taiwan Straits” to create benefits for both. Besides, non-governmental organizations should be organized to promote the communication between two countries, such as holding celebrated brands panels, to cease the disputes and further increase the celebrated brand owners’ privilege.
Keywords: across the strait, celebrated brands, identification and protection

Identiferoai:union.ndltd.org:TW/099STUT8308016
Date January 1900
CreatorsWang ,Fu-Tsun, 王福村
Contributors張瑞星
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format267

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