The Research On The Conflict Of Trademark Rights

The conflict of rights is a significant legal phenomenon, which is worth studying. It shows complication and crossing of rights system. It is a reflection on the legal superstructure of various interest conflict and value conflict in the social life. The variety and conflict of interest and value are the basis of the conflict of rights. The conflict infiltrates into all fields generally and widely. It is an undeniable truth that the conflict of rights also exists in the field of intellectual property. The paper chooses the conflict of trademark rights in the Trademark Law, which is one of three mainstays in the law of intellectual property.There are 4 chapters and 40,000 words or so in this paper. The first chapter is the basis of this paper. In this chapter, the author emphasizes generally theoretical problems about the conflict of trademark rights, such as its conception, cause, category and essence. The second and third chapter are key points of this paper. The conflict of trademark rights is divided into static conflict and dynamic conflict. The author is interested in this part. The fifth chapter is the foothold of this paper. The author comes up with solutions of the conflict of trademark rights. The author attempts to bring forth new ideas.The first chapter: the introduction to the conflict of trademark rights. The author introduces general problems about the conflict of trademark rights. It is the theoretical basis of this paper. First of all, the author deduces the conception of the conflict of trademark rights from the general conception of the rights conflict. In the second section, the author analyzes inside and outside factors of the conflict of trademark rights. In the third section, the author generally divides the conflict of trademark rights into two categories according to its form and essence. The system is subdivided into some parts. In the forth section, the author sheds light on the essence of the conflict of trademark rights that is interest conflict and value conflict.The second chapter: the conflict between trademark rights and traditional civil rights. The conflict between trademark rights and other rights in the traditional civil fields firstly draws attention of judicial world and theoretical world. In this chapter, the author summarizes the conflict of trademark rights in this field. The author divides the traditional civil rights into general civil rights and traditional intellectual property. In the first section, the author elaborates the conflict between trademark rights and labeling rights in detail. In the second section, the author expounds the conflict of trademark rights with the copyright, patent right and itself. There is a plain and methodical conflict system of trademark rights in this part.The third chapter: the conflict between trademark rights and rights of new type. Rights of new type mean to be rights that may be the new object of intellectual property. Rights of new type are directed against traditional intellectual properties. This chapter is divided into two sections. In the first section, the author expounds the conflict between trademark rights and domain name rights, analyzes the cause and the category, raises the coordinative mechanism to solute this conflict of rights. In the second section, the author chooses the conflict between trademark rights and other commercial mark rights as his research object, including outward appearance rights of well-known products and geographical mark rights. Because the author thinks the enterprise name right as general right, it isn't consisted in the trademark rights.The forth chapter: integrated principles on the conflict of trademark rights. Proposing problems, analyzing problems and solving problems are general rule of writing an article. Solving problems is the aim and goal of an article. Therefore, the author emphasizes integrated principles on the conflict of trademark rights: differential treatment, former protection, prevention of external effect. The author explicates contents and the in...