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驰名商标的保护不仅在如今的商战大潮中被炒得如火如荼,而且一直受到国内外知识产权界的热切关注。对驰名商标进行正确认定是其保护的前提和基础。目前,我国驰名商标的认定制度是行政保护与司法保护并重的双轨制,而司法认定制度在近十年的实践中,虽不断发展完善,但客观上仍存在一些不足之处。本文介绍了驰名商标认定制度在我国的发展过程,结合现行认定制度及法律依据,就现行制度中存在的不足作一探讨并提出自己的建议。
The protection of well-known trademarks not only has been well-established in the tide of the current commercial war, but has also been closely followed by the intellectual property circles both at home and abroad. Proper identification of well-known trademarks is the precondition and foundation of their protection. At present, the recognition system of well-known trademarks in our country is a double-track system that pays equal attention to administrative protection and judicial protection. However, in the past ten years of practice, the system of judicial confirmation has been continuously developed and improved. However, there are still some shortcomings in the objective. This article introduces the development process of the well-known trademark recognition system in our country, combined with the current recognition system and legal basis, makes a discussion on the existing problems in the current system and puts forward my own suggestions.