On The Judgment Of The Conflict Of The Trademark Rights

Since joining the World Trade Organization, dispute cases involving trademark rights increase yearly. Taking a look at the trademark disputes, the most controversial and influential is the problem of the trademark conflicts. Trademark conflicts refers to the case that one party takes the other party to court basing on the trademark rights he enjoys, while the other party makes a defense on the grounds of exercising the property rights he enjoys. The current law of our nation makes a brief regulation on the trademark rights conflict, plus the rapid development and change of the reality, it can be said that, the problem of trademark right conflict is of the most law theory value and the trial practice value among the trademark disputes.The rights conflict itself is a legal phenomenon worth studying. It is the revelation of the complexity and the cross-cutting nature of the rights system and it is also a reflection of various conflicts of interest and values existing in the social life reflected on the legal superstructure level. The diversity and the conflict nature of the interests and values is the basis of rights conflict. Such conflicts are universal and widespread, penetrating almost all the fields. There are many means to solve the conflict, and litigation is the ultimate way .Involved in the lawsuits, it must involve the judgment standards. This is inevitable in judicial practices .Based on the most concentrated trademark rights conflict among the intellectual property conflicts, combining the judicial practices, the thesis tries to find the judgment standard to solve such conflicts, and the writer hopes that this will guide the judicial practice.The thesis is divided into four parts and is composed of about 20,000 words. The first part is the basis of the thesis, which focuses on the general theory of the trademark rights conflict, including the concept, reason, type and nature. The second, third and fourth parts are the main parts of the thesis. After defining the concept of rights conflict, the reason of conflict...