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The Analysis Of Concurrence Of Industrial Property Right

Posted on:2003-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y M FanFull Text:PDF
GTID:2156360065460455Subject:Law
Abstract/Summary:PDF Full Text Request
There are a lot of right concurrence phenomena of industrial property right existed in our law and justice practices, which are mainly embodied right concurrence among all kinds of laws on industrial property right and concurrence of industrial property right and other civil rights stipulated by Civil Law. Concurrences of industrial property right mainly refer to concurrences of copyright and trademark right, copyright and design patent right, trade name and trademark right, right of appellation of origin for the products and trademark right, and network domain name right and trademark right etc.. The characters of concurrence of industrial property right are as follows: the same object from the external embodiment, legally coming into being per industrial property right, superposition of concurrence right. Handling right concurrences needs benefit harmony and the following principles can be applied: relative priority of protection, discriminative protection on different rights and restriction on negative external effect of right.
Keywords/Search Tags:industrial property, civil right, concurrence, characters, harmony
PDF Full Text Request
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