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The Research Onabuse of Intellectual Property Right

Author: NiuMengXi
Tutor: XuKangPing
School: Beijing Technology and Business University
Course: Economic Law
Keywords: Trademark right Abuse of trademark right Competition laws
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 40
Quote: 0
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Abstract


With the development of society,Trademarks and people’s lives become more and more closely related, As a enterprise`s intangible assets, Mark for the enterprise brought huge economic profits, Driven by the business you want to play as much as possible the value of trademarks, which the extreme right of the pursuit of economic interests, making in practice, there have been a lot of trademark abuse from happening.China’s IPR protection system in the development and popularity of the time only one or two decades, relatively speaking, all parties is not yet perfect, with the publicity in recent years, the continuous deepening of the whole society awareness of trademark protection has been greatly improved, and However, the ensuing series of trademark abuse problems constantly appear. As for the trademark abuse problems, in China’s relevant laws and regulations on the requirements in this regard is not particularly a system, so in order to fundamentally solve this problem, we must first examine the relevant theories of trademark abuse, and to summary analysis, to explore the nature of trademark abuse and the emergence of reasons. Regulation trademark abuse should be adequate protection of trademarks on the basis of exclusive rights while drawing on relevant experience of other countries to strengthen the regulatory system, our country’s efforts to trademark abuse. In recent years, Chinese enterprises suffer trademark litigation business troubles, in order to make our country healthy development of national enterprises to safeguard the stability of the social order of market competition, effective trademark rights abuses carried out against regulation is necessary.This total is divided into four parts, starting with the overview of the abuse of trademarks and trademark proceeding summarize several typical phenomenon of trademark abuse, and then the study of these phenomena summed up the characteristics of trademark abuse, and to analyze the causes and the need for regulation. Finally on the trademark rights abuses of China’s regulatory system to make some personal views.

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