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驰名商标制度在中国所发生的异化、泛滥现象已经引起法律界对其未来演变的担忧。在对制度本源的追溯中,驰名商标显现了诉讼证据和纠纷解决的规制本意。这一本意应成为反思现状的理论基点,更是推进制度调整的核心动力和准则。在调整过程中,回归私权本质、市场主导,行政统一认定、法院司法审查,应当被预设为改革和修法的目标与方向。
Alienation and flooding of the well-known trademark system in China have caused the legal community to worry about its future evolution. In retrospect of the origin of the system, the well-known trademark shows the legal intent of evidence of litigation and the solution of disputes. This intention should be the theoretical basis for rethinking the status quo and the core impetus and guidelines for promoting institutional adjustment. In the course of adjustment, the return to the nature of private ownership, market domination, administrative unification, and judicial review of the courts should be presupposed as the goal and direction of reform and revision.