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Identification of Trademark Fair Use

Author: FanZuoZuo
Tutor: LiXiuJuan
School: East China University of Political Science
Course: Legal
Keywords: Trademark Fair Use Limitation on Rights
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 84
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Abstract

Trademark fair use is under certain conditions,the perpetrator can use the trademark owner’s trademark,but don’t constitute infringement and don’t have to pay any price. Trademark fair use is a restriction to trademark,it is important to balance trademark owner’s rights and interests of the public ,promote economic development and maintenance of good order of market competition .Trademark law in Europe and other developed countries have to defined it clearly.Our trademark infringement dispute occurs in practice,the more often apply to trademark fair use.However,China’s"Trademark Law"also did not defined the trademark fair use.From the existing problems about relevant provision of the trademark fair use ,collate and analyze the main types of trademark fair use,then combined with various types of cases,analyzes and discusses how to identified trademark fair use.On this basis,summed up identification methods and standards,and to improve the rational use of our trademark recommendations.This text is divided into three parts.The first part is an overview of trademark fair use.Includes three aspects. First of all, a clear concept of trademark fair use,Defines the meaning of trademark fair use And describes the purpose of it.Second, is introduced the fair use of trademark status of legislation, and existing problems under the status .Finally, to summarize-and list-style combination of methods, collate and analyze the main types of trademark fair use. The second part is the trademark fair use cases and comment.Divided into three sections introduced the descriptive fair use, indicativefair use and non-commercial fair use of related cases,and through case studies Discussed how to identify the cases constituted a fair use,sum for the following Identification methods and standards in laying the groundwork.The third part is the identification of trademark fair use and suggestions.This part is on the above two parts’ basis of discussion and analysis,Summarizes identification methods and standards of trademark fair use and made recommendations accordingly.I believe that, in practice, identification trademark fair use can be divided into three steps,to improve our country’s trademark fair use,we should clear the types and identification standards of trademark fair use,then provide it by department law,provide a clear basis for practice and make practice more operational.

Identification of Trademark Fair Use

Abstract

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