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The licensing process confusing principles of trademark infringement

Author: DuYu
Tutor: ChenJian
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: The licensing process Trademark infringement Confusion
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 202
Quote: 3
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Abstract


The licensing process is the Chinese enterprises to participate in international division of labor in the typical form . Processing enterprises in our country has become the southeast coastal provinces intensive important economic source for the revitalization of our national economy as a whole is significant . As part of the production in terms of the most competitive in the world , so brandable been rapid development . In view of this , China has gradually become a \2000 Shenzhen Intermediate People's Court hearing of the \domestic trademark owner 's trademark infringement. Theorists considerable controversy on this issue , both sides of the diametrically opposed views . Negative attitude of scholars picked up the banner of confusion theory , advocated by leading consumer product itself or its origin misconceptions identified as a necessary prerequisite for trademark infringement . Considered to constitute trademark infringement basic thesis held by scholars and judicial precedents of similar reasoning , stressing China's current trademark law in the institutional framework , there is no confusion will determine whether the infringement of the principle as a basis . Argument is to determine whether the trademark infringement confusion principle should be applied . Confusion or to avoid confusion is to stop trademark infringement identified the core of the theory . \Trademark infringement sense of \Recognize the \Judgment on the likelihood of confusion, after all, can not completely get rid of the subjective factors of individual judges , the judge hearing the case only in the market as much as possible to reproduce the \In the licensing of trademark infringement as found in the work should also be based on the principles to be confused . Legislative purpose of trademark law is to protect consumers from one mistake , mistakenly purchased the risk of confusion . Likelihood of confusion as to the existence of trademark infringement identified basic principles and fundamental criteria , from a theoretical point of view is to protect the trademark owner 's trademark , thereby protecting the interests of consumers inevitable requirement. Countries and international organizations have confusion in the legislation implementing the principle , established the principle of confusion trademark infringement identified in the reference position , our trademark infringement legislation should be introduced to the principle of confusion , and the introduction of specific judicial interpretation of the licensing process refinement trademark infringement specific provisions.

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