您的瀏覽器不支援JavaScript語法,但是並不影響您獲取本網站的內容
司法院內部與外部景觀圖片動畫
::: | | 大法官 | 案件審理 | 大法官解釋 | 相關法規 | |
 
多條件查詢頁面按鈕

 

:::
 

大法官解釋表頭

(釋字第 104 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.104 
Date 1964/3/11
Issue What does "well-known" in Article 2, Subparagraph 8, of the Trademark ACt mean??
Holding
1
    "Well-known" in Article 2, Subparagraph 8, of the Trademark Act means “commonly known to the general public within the territory of the Republic of China”.
Reasoning
1
    The Trademark Act was promulgated by the Legislative Yuan, and is applicable to the entire nation. A properly registered trademark is valid within the territory of the entire nation. This interpretation is evident by the fact that "within the territory of the Republic of China" provision is included in all paragraphs of Article 3 of the Trademark Act. Therefore, "well-known" in Article 2, Subparagraph 8, of the Trademark Act means “commonly known to the general public within the territory of the Republic of China”. The second part of J. Y. Interpretation Yuan-tze No. 1008 was decided prior to the amendment to Article 2, Subparagraph 6, of the Trademark Act, and should therefore be revised and clarified accordingly. 

'Translated by Li-Chih Lin, Esq., J.D.
Opinion Chinese only
 

BACK

 
 
::: Home 中文(Chinese) Site Map
 
使用聲明 Copyright©2004 JUSTICES OF THE CONSTITUTIONSL COURT. JUDICIAL YUAN 本網站建議使用解析度為1024*768全彩及Explorer5.5以上瀏覽器     通過A+等級無障礙網頁檢測
多條件查詢頁面連結點 解釋爭點總覽頁面連結點