The Research Of Trademark Infringement Indemnity System

The basic theories of the trademark infringement indemnity is a trademark infringement realm inside important to study with the concrete institutional and perfect one of the lessons, for protect the trademark power, sanctions trademark infringement behavior person, support the legal benefits in person in power in trademark has the great significance. This text was main to do the thorough research to behavioral objects in infringements in trademarks power, trademarks infringements behavior, trademarks infringement indemnity, perfect our countries trademark infringements indemnity systems, realizes with the period perfect our trademark infringement indemnity system, realize the institutional and social function in indemnity takes place with the basic purpose that suppress the trademark infringement behavior.The behavioral object in infringement in trademark is a trademark power, this is the trademark infringement indemnity system degree ?Trademark power, is a right to point the registration trademark owner to register the trademark possess by law. For long time, many scholars thinks that the trademark power is equal to the trademark appropriation power. This text to these two concepts is from the contents with belong to the sex ascended to make the distinction, putting forward the trademark power is the whole with trademark appropriation power and partial relation. Then, detailed argument trademark power different from traditional real right, intelligent property right of a special for, trademark power, the concrete contents of the trademark powerwith the restrict of the right scope, composed to establish t for the continuation ?The trademark infringement behavior is a behavior to violate others register the trademark rights. The trademark infringement behavior is not only the behavior of the legal rights to violate the trademark power with the consumer, also is a kind of being to compete the behavior falsely, this is the behavioral and special kind in infringement in trademark. At the same time, the trademark infringement establishes behaviorally and not with behavior the person is subjective to whether to exsit fault or not up for premise, this is the trademark infringement behavior to distinct with behavioral graveness in general infringement. The trademark infringement behavior has got the assorted manifestation in realistic life, if have not yet the permission that trademark register person, in the same kind of merchandise ising similar to perhaps merchandise usage with its register the trademark the homology perhaps the trademark that look like. Along with the economic fast development and technical continuous changes and improvements in science, the trademark infringement behavior no longer limits at the traditional manifestation, appearing the trademark and the new circumstance in etc. in clash of the area.The next in order, is a basic theories concerning trademark infringement indemnity. The trademark infringement indemnity broke the function of the traditional indemnity, having the prevention and replies two greatest function, the trademark infringement indemnity belongs to the in expiation of indemnity on the kind, expressing in a specific way for reply right the person is not damaged to harm the appearance of the hour. Return trademark infringement indemnity return the matter of principle of, this text from fault predict outcome principle is a very much the principle of, the fault predicts outcome the principle in the aspects of the special function of the trademark infringement indemnity realm a few ly detailed argumentthe trademark infringement indemnity returns the principle-fault predictsoutcome the principle. Is next at the leading that return the principle of, the behavior of the establishment trademark infringement indemnity duty, injure( not yet include physically the damage that result in), cause and effect relation, fault four greatest composings important item.Finally, perfect our country trademark infringement indemnity system. The concerning institutional l...