Future Prospects of Well-Known Mark’s Anti-Dilution From an International Perspective
刘璐
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Introduction
Why is a brand so important to a company? It is said that the brands COCA-COLA, MICROSOFT, and IBM together have been estimated to be worth over US$180 billion as intellectual property assets.
No wonder the brand is arguably regarded as one of a company’s greatest assets. Trademarks and brands are intimately linked. Trademarks are “signs” which distinguish goods and services of one producer from other similar producers. They act as a marketing tool and strategic focus used in a wide range of company activities. There is a general perception by consumers that branded goods are of higher quality than non-branded. In this manner, trademarks, particularly well-known marks or famous marks, play a double-edged sword role. On one hand, they allow producers to reap comparatively more benefits from producing better quality produce or providing more satisfying services; On the other hand, consumers purchase well-known mark products or pursuit high quality services in the expectation of enjoying satisfactory experiences with those products or services.
Currently, in such a smaller but more intensely networked world, brand manufacturers are no longer confined to local markets. They function in an integrated global marketplace. Brand producers find themselves providing goods and services in bigger and bigger markets created by free trade pacts and the creation of single markets throughout the world.
The appropriate protection of well-known marks has become an essentially important issue in the trading relations between nations. There is a growing concern that how those multinational corporations can effectively protect their trademarks both at home and abroad. In this regard, tensions may probably arise between developed countries and developing countries. Because developed countries are likely to advocate higher standard of well-known mark’s protection, i.e.well-known mark’s anti-dilution criteria. They seek predictable and stable legal environment to develop business and maintain their well-known marks such intangible assets. Whereas developing countries, normally have relatively lower criteria for well-known mark’s protection, for the reason that well-known mark’s protection potentially relates to a country’s economy, policy and other multifaceted factors.
In the light of the importance of protecting well-known marks, the focus of this article is to predict the future prospects of international well-known mark’s protection in terms of anti-dilution. The first section is on the analysis of well-known mark’s anti-dilution protection under international treaties; It is followed by comparative studies in well-known mark’santi-dilution in the typical country—the U.S., as well as EU and China in the second section; In the third section, as a summary, I would predict that in view of future prospects of well-known mark’s protection internationally, dilution standard is the significant future direction for well-known mark’s protection. In this regard, it is important to build up more unified international standards. However, I would submit that harmonization is the preferable alternative and solution to realize well-known mark’s anti-dilution protection at the international level. And lastly I will try to seek the appropriate approach to reach such a harmonization.
