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Intellectual Property Rights Conflict With Judicial Equitable

Posted on:2007-09-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:X P OuFull Text:PDF
GTID:1116360185972600Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Intellectual property conflicts are new law phenomenon arose in recent years, and still increasing now. How to understand correctly and solve the conflicts properly is the common question in front of intellectual property researchers and the judicial practice field. Special reasons and inner rules are always behind the phenomenon. So the text begins from the reasons of intellectual property conflicts, in order to find out the innate character and improve people's understanding about the question. By analyzing the conflict cases happened around trademark right, put out some common judicial rules to settle intellectual property conflicts.The whole text is composed of four chapters.Chapter one is on the reasons of intellectual property conflicts. This chapter is divided into three parts, beginning with the essential questions about right and right conflicts, challenging the truth or false of the problem about intellectual property conflicts, comparing the concepts, analyzing the social background and actual reasons of intellectual property conflicts. Part one is about the jurists' ideas about right and right conflicts, concluding the characters and nature and social influence of civil right conflicts. At the same time, the dispute about the truth or false of intellectual property conflicts are challenged here. By showing numerous intellectual property conflict cases in practice and the lack of intellectual property rights restriction by law and the owner's knowledge on intellectual property rights, the author recognizes that intellectual property conflicts are real questions and necessary to research and solve. This viewpoint clears up the misunderstanding about the problem. A new and simple concept is given to intellectual property conflicts after comparing different ideas and concerning the demand of judicial practice and theory. In part...
Keywords/Search Tags:intellectual property conflicts, judicial equity, trademark right
PDF Full Text Request
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