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On The Trade Marks Fair Use

Posted on:2007-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:W Y YouFull Text:PDF
GTID:2166360185493914Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The whole system of intellectual property is cycled by the balance of rights. Limitation in the intellectual property line plays an important role between the people who is entitled by the authority and the public. Fair use in trade marks area is sensible, for it has the support of the legal theory as well as it isn't breaking the regulation of trade mark law.Fair use is the limitation of the right. Private rights are offered such kind of limitations have a fair opportunity to let the society develop quicker, the mass gain some related knowledge, and obtain the knowledge more convenient .Such limitation encourages the novelty and the sense of updating the old things. It is mainly used in the line of copyright and patent, in the trade mark area there isn't much popular. In the area of trade mark, many cases are connected to it, but there isn't proper clause to suit such condition. Thanks to the No.49 in the newly mended Trade mark implimentary act which fill the blank in the area, but in practice and legal area, it isn't catch people's eyes. Fair uses in trade mark line, not only contain what is the trade mark itself, but also it provides the information that including in the marks, such as the origin of the mark, the credits and so on.The estimating standards and the form of trade mark fair uses are the key part that tells which is the fair use and which is not. A well-established estimating system...
Keywords/Search Tags:trade mark, fair use, second meaning
PDF Full Text Request
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