On The Conflict And Solution Principle Of The Right Of Registered Trademark And Prior Rights

With the rapid legislation development in China , the discussion of conflicts of the right of registered trademark and prior rights is becoming more and more active in both academic and practitioner's circle. First, on the basis of other countries experience ,the author discusses the kinds of the prior rights ,and thinks the prior rights should include the right of works , trademark, patent right for a design, right of corporate name, right of trade name, right of name, right to portrait, right of publicity, right of landmark and so on. Then the author thinks the conflicting reasons should include the substantial and formal reasons. Finally, the author puts forward three principles on how to solve the conflict of trademark and prior rights: the principle of fraus omnia corrumpit, the principle of lapse of right, the principle of respecting the prior rights, and emphasizes excessively , on problems of right conflict solving, the prior rights should be exerted some necessary restrains while the priority obligee' s legitimate rights and interests are protected...