The System Of Solving The Conflicts Of The Enterprise Name Right And Trademark Right

In recent years, with the socialist market economy developing, the case that enterprise name right conflicts with the trademark right is increasing, which has become a hot social concern. All kinds of disputes about enterprise name right and the trademark right, not only infringe upon the related obligee's legitimate rights, but also disturb the normal economic order, resulting in the serious social consequences, especially for the orderly development of the market economy. Therefore, it is necessary to carry out an analytical investigation about the confliction of the enterprise name right and the trademark right and perfect the related solution, promoting the healthy and continual development of the socialist market economy. The first part of the thesis discusses the enterprise name right and the trademark right and indicate the general conflicting forms of them in the last of this part. The second part of the thesis starts with the general theory about the rights confliction, focusing on the characteristics and the reason of the confliction. This discussion offers a basis for perfecting the related solution. The part mainly point out the subjective and objective reasons of the confliction. It is the subjective reasons are that the lack of standardization of the obligee's right action and the lawless persons'malicious hitchhiking to seek improper interest. Because of the huge commercial interests resulting from the enterprise name and the trade mark that are the carriers of the commercial reputation for enterprise, the lawless persons implement the unlawful action to seek improper interests. As for the objective reasons, it refers to the characteristics of the intellectual property and the similarities in the composition and the function of the enterprise name and the trade mark, as well as the historical reasons and the primary cause that the management system of the enterprise name right and the trademark right decentralize with the licensing scheme. In the last part discusses the general principles and specific approaches of solving the confliction, focusing on perfecting the solution. Through the analysis, one can get the probe comprehension and the specific thinking about the perfection of the solution.