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Although formally only a recommendation，the Joint Recommendation has exerted considerable influence on the establishment and improvement of the system for protecting well－known trademarks in the Member States of the Paris Convention，including China．
The Joint Recommendation provides a non－exhaustive list as regards determinants for well－known trademark examination．
But it is emphasised that these determinants are no more than ‘guidelines to assist the competent authority to determine whether the mark is a well－known mark’ ，and therefore should not be seen as preconditions for reaching a final determination on ‘well－known trademark'status．
Amongst these elements， ‘the value associated with the mark'is explicitly advocated by the WIPO in the Joint Recommendation．This is the first time the‘value'has been recognised as a relevant factor in the recognition of well－known trademarks at the international level．
However，although the ‘value'factor stipulated in the Joint Recommendation goes further than the TRIPS Agreement，
it does so without indicating the meaning of‘value'and gives no basis for evaluating this factor．As explained in its Explanatory Notes to the Joint Recommen－dations，
There exists a considerable variety of methods for trademark evaluation．This criterion［i．e．‘the value associated with the mark’］does not suggest the use of any particular method．It merely recognizes that the value associated with a mark may be an indicator as to whether or not that mark is well known．
Accordingly，Member States have considerable discretion in appraising ‘the value associated with the mark'and consequently the effect of this factor upon well－known trademark recognition may vary amongst Member States． [11]
[11] Art．2（1）（c），Joint Recommendation．（Rather，the determination in each case will depend upon the particular circumstances of that case．In some cases all of the factors may be relevant．In other cases some of the factors may be relevant．In still other cases none of the factors may be relevant，and the decision may be based on additional factors that are not listed in subparagraph （b），above．Such additional factors may be relevant，alone，or in combination with one or more of the factors listed in subparagraph（b），above．’（emphasis added））；2.10，Explanatory Notes，Joint Recommendation．（‘Paragraph（1）（c）makes it clear that the criteria listed under subparagraph（b）do not constitute an exclusive list，and that compliance or non－compliance with any of those factors cannot in itself be conclusive as to whether or not a given mark is well known．’）