Dissertation > Excellent graduate degree dissertation topics show

Trademark Fair Use System

Author: WangCheng
Tutor: WangLianFeng
School: East China University of Political Science
Course: Legal
Keywords: Trademark Trademark right Infringement Rational use of System
CLC: D923.43
Type: Master's thesis
Year: 2008
Downloads: 336
Quote: 2
Read: Download Dissertation

Abstract

Trademark fair use under certain conditions, to use a registered trademark of the others, is not regarded as an act of trademark infringement. Trademarks of the rational use of the system is an important system of trademark restrictions. Between the interests of the system for the balance of the owner of the trademark and market competitors, the maintenance of social and public interests, as well as to maintain the good order of market competition have played an important role. Multinational in Europe and the United States Trademark Law of the trademark system of rational use of both provisions. Despite the limitations of the provisions, different understanding, there are some differences in judicial practice, but also accumulated a lot of useful experience. China's trademark law also stipulates that no trademark fair use, theorists research seems inadequate. Based on the analysis of the theory and practice of trademark fair use, in order to achieve a more comprehensive understanding of the system of rational use of trademarks, and on the basis of suggestions and ideas to improve the system of rational use of our trademarks. The first part is the trademark fair use theoretical basis of the system, a total of two aspects. First, an overview of the trademark fair use. Define the meaning of the rational use of trademarks, introduced the legislation of the countries, and summarizes the characteristics trademark fair use. Secondly, on the basis of analysis of the system of trademark fair use. Trademark fair use source of theoretical and legislative motivation and trademark fair use the value of the system from the point of view of economics analysis. The second part is the trademark fair use of the content analysis of the system. Taken together the three main areas contains the contents of the trademark fair use system. First, a brief introduction of the very different theory of rational use of trademark confusion and trademark dilution, both exist. Second, depending on the standard of trademark fair use classification. Finally, the purpose of the use of the trademark, the trademark fair use principles of judgment, as well as trademark fair use concrete judgment method to use aspects of the way and use the results summarized. The third part of the Perfection of China's trademark fair use. Basis investigated trademark fair use of the relevant legislative provisions and judicial practice, combined with the preceding analysis, the author of a number of recommendations to improve the system of rational use of our trademarks, and try to design the relevant legal provisions. The author believes that the establishment of a system of trademark fair use, you should first clear theoretical basis, followed by criterion. I suggest should be increased in the third revision of China's \For the specific terms of design, can be listed by way of the General Terms.

Trademark Fair Use System

Abstract

Related Dissertations