The Study On The Resolution Of Conflict Of Intellectual Property Rights

The conflict of intellectual property rights (" IPR conflict") is the main category of IPR disputes, and is commonly arising. Only the IPR conflict is properly resolved both the legislative interests of the parties and the public interests are fairly protected. The dissertation is devoted to provide the jurisprudence basis for perfecting the IPR conflict resolution mechanism, by way of analyzing the causes and essence of IPR conflict and find out the rationality of application of prior right protection rule. As well the dissertation makes some suggestion on improving the legislation on IPR prior rights, by way of comparatively analyzing the relevant legislation of foreign countries. The dissertation makes its effort to conclude that IPR prior right protection rule is the most essential one of those rules of the IPR conflict resolution after doing abundant case study over the IPR conflict cases. The dissertation finally advises on improving the judicial resolution mechanism and legislature resolution mechanism on IPR conflict.Chapter One is on the causes of IPR conflict. This chapter mainly aims to find out the complicated causes of IPR conflict with the angles of IPR’s history, economy, culture and jurisprudence. The chapter is composed of four parts, Part one states and analyses the social background of IPR conflict’s emerging. Part two introduces the concept of IPR conflict and constituent elements of IPR conflict. Part three makes a conclusion on the main causes of IPR conflict.Chapter Two is on the essence of IPR conflict. Started with debating on the false or true proposition of IPR conflict, this chapter tries to find out the essence of IPR conflict from the angles of jurisprudence and practice. As well it categorizes those IPR conflicts with the selected criteria. This chapter has three parts. Part one is on the essence of IPR conflict, which is concluded as the conflict of interests, as well as the conflict of values. Part two discusses the social impact of IPR conflict, including the positive impact and negative impact. Part three makes categorization of IPR conflicts with the selected criteria.Chapter three is on the prior right in IPR conflicts. This chapter finds out the right concept of prior right and its contents through analysing those different concepts on prior right. As well this chapter tells the defects of Chinese legislation on prior right based on the comparative study of relevant legislations of foreign countries. This chapter has three parts. Part one discusses the concept and attributes of prior right, and introduces the initial adoption of prior right in China’s legislation and theoretically disagreement on the concept. Part two states the contents of prior right of IPR. Based on the comparative study of relevant legislation of foreign countries, the defects of China’s legislation are detected and improvement is accordingly advised. Part three concludes the legislative force of prior right of IPR. Compared with the relevant legislation of foreign countries, China’s legislation on prior right protection has its features and as well its shortcomings.Chapter four is on prior right protection rule. This chapter introduces the adoption of IPR prior right protection rule and it jurisprudent resources, and also does comparative study of foreign countries’ legislation on the said rule. This chapter is composed of three parts. Part one discusses the adoption of the prior right protection rule as the essential rule and its jurisprudent resources. Part two introduces the relevant clauses of International conventions and foreign countries’ legislation on IPR prior right protection. Part three analyses the Chinese legislation on the prior right protection and finds out its imperfection.Chapter five is on the judicial practices of IPR conflict resolution with application of prior right protection rule. This chapter mainly concerns the application of prior right protection rule in IPR conflict cases. It is concluded that the prior right protection rule is of importance and practice in those IPR conflict disputes, as well the limitation of applying the prior right protection rule. This chapter has three parts. Part one is the case study on those IPR conflicts against trademark. Part two is the case study on those IPR conflicts against design patent. Part three is the case study on those IPR conflicts against copyright and other IPR.Chapter six is on the improvement of judicial and legislature mechanism of the resolution of IPR conflict. On one hand it concludes that the application of prior right protection rule is most effective in the judicial solution of IPR conflicts and due to the shortcoming of the rule, it recommends some supplementary rules on the resolution of IPR conflicts, such as the rule of equity, the rule of fair competition and the rule of rank of rights. On the other hand, it introduces the foreign countries’legislation on the IPR prior right and makes suggestion on perfecting China’s legislation on IPR conflict resolution. This chapter is divided into two parts. Part one, from the perspective of judicial resolution of IPR conflicts, comprehensively concludes the effect of application of prior right protection rule and its defects, and makes suggestion on perfecting the judicial resolution on IPR conflicts. Part two, from the perspective of legislation on resolution of PR conflicts, learning from the foreign countries’ legislation and complying with the international conventions, it proposes the improvement of China’s legislation on the resolution of IPR conflicts.In general, the first two chapters are on the causes and essence of IPR conflict, and the following two chapters mainly introduce the international convention and the legislation of foreign countries on IPR prior rights, last two chapters state the significance of applying prior right protection rule and the suggestion on the improvement of our judicial mechanism and legislature mechanism on IPR conflict resolution. Following the routine from theory to practice and then from the practice to suggestion on legislation and judicial resolution of IPR conflicts, the dissertation is devoted to benefit the improvement of China’s IPR conflict resolution mechanism.