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Trademark and trade name rights and resolve conflicts

Author: SunXi
Tutor: ChenJian
School: China University of Political Science
Course: Economic Law
Keywords: Trademark right Trade name rights Conflict of rights Solve
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 212
Quote: 3
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Abstract


In recent years , trademark and trade name rights of intellectual property trial conflict disputes become difficult and hot . The author is based on the complexity of this issue and the reality urgency chosen this topic . This will combine the relevant laws and regulations and typical cases, trademark and trade name rights of the relevant basic theories of conflict , conflict of rights constituent elements , the type of conflict , resolve the path and sort out and discuss legal principles , and on this basis put forward to promote the rights of Conflict Resolution recommendations . First, trademarks and trade names from the concept of the meaning of conflict of rights and the right cause of the conflict caused by three aspects of trademark rights conflict with the basic theory of the firm . Second , trademark and trade name rights of the constituent elements of conflict include: the right of the same or similar subject matter , the relationship between the main competition , the form and substance of the rights and the rights of content validity incompatibility exists . Third , trademark and trade name rights conflict resolution exclusion experienced by the Administrative Procedure Administrative Procedure Civil Procedure to the front, and then to civil proceedings directly handle the development process. Fourth, to solve the conflict in trademark and trade name rights issue worth considering , such as applicable law , prohibiting confusion , firm registration and actual usage , based on the history and current situation of equitable considerations, protection of famous trademarks , tort responsibility of the problem and so on. Fifth , trademark and trade name rights in conflict resolution should follow the principle of protection of prior rights , the principle of equal rights and balance of interests , follow the principles of due process and the principle of good faith principles of the parties negotiated settlement . Finally, trademark and trade name rights conflict resolution recommendations.

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