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Author: XiaLingLi
Tutor: LiMingDe
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Trademark Rational use of Narrative reasonable Rational use of the indicative
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 126
Quote: 1
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Abstract


Many domestic scholars have proposed reasonable to use as a limit on the trademark rights of the introduction of the Trademark Law. The reason also seems plausible. The intellectual property system should be protected basis points to the reality of social development requirements as a precondition to maintain the appropriate balance between the interests of rights holders and the public interest. Balance is the connotation of intellectual property rights and core. Strike a balance between rights and public interest, the right to limit which plays an irreplaceable important role. Some scholars believe that right there should be restrictions do not limit the rights will be abused, thus threatening the public interest. The rational use of the system as a very important part of the system of intellectual property rights restrictions exist. They think that the copyright law and patent law have reflected. But it is regrettable that in the rational use of our trademark has long been ignored by the people, the relevant system is lacking, resulted in an extremely adverse impact in practice. This is also the copyright restrictions in the patent system in harmony with each other, the objective requirements. The scholars called \On the so-called \\Scholars called the \product quality and functionality, the main raw material, uses, products, models and other products of the basic information described. While the parallel use 权 ELECTRONICS definition is not significant in their goods with legitimate use with previous trademark goods. In fact, the parallel use belonging to the trademark exhaustion, specific commodities market will be attached to the trademark, the trademark rights of the people in this particular commodity shall Exhaustion and shall not interfere merchandise all use of this product, commodity all people have the right to the original trademark continues to be attached to the goods. Classified according to the type of trademark, regardless of geographical names trademarks or reasonable use of the peculiar name or trademarks significant sexual degradation, in fact, belong to the \However, according to the purpose of trademark theory and rational use of trademark, trademark use, the rational use of the basic concepts of starting careful analysis, can be found in the so-called \Copyright Fair Use is not the same. Moreover, from the point of view of the generation and use of the trademark and the Law and Economics, trademarks do not need nor can it be reasonable to use.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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