Restriction Of Trademark Rights Caused By International Conventions And The Inspiration On Domestic Legislations

Intellectual property rights is one of the focus in disputes between China and other countries in the world, and Chinese government has been encouraging intellectual property rights innovation, strengthening the administration and protection of them, promoting the internationalization of intellectual property rights protection, with the interrelated law improvement in recent years.The purpose of writing this thesis is to provide useful suggestion to domestic legislations on trademarks by analyzing domestic trademarks conflicts and consulting international legislations on trademarks.This thesis begins with studying the restriction of intellectual property rights and introduces the cause of it, especially of the trademarks rights so that we can find out the solution to obtain benefit balance.The emphasis of this thesis is the domestic trademarks conflicts and the cause of it. It contains fair use, like the use of less-notable trademarks, the use of common names and geographical names; the exhaustion of trademark rights and parallel import; the restriction of priority, like visual design patent rights, copy right, trade names rights, personal names rights, portrait rights and domain names rights etc. By analyzing the said problems, we can see the deficiency in our legislations on trademark rights, the difficulties in solving all these problems within the present law environment and the anxious need to improve domestic legislations on trademarks.Accordingly, a large number of international treaties and foreign legislations are enumerated, including Agreement on Trade-Related Aspects of Intellectual Property Rights from WTO, Paris Convention for The Protection of Industrial Property, North American Free Trade Agreement, Community Trade Mark Regulation and legislations from America, England, Japan, etc. As the emphasis and the level of them are different, by comparing them with each other and our own provisions, I find out some good examples we can learn from with a purpose of working out a pattern of legislation that is the most propitious to China.Finally, based on above all, this thesis suggests domestic legislation about fair use and protection of priority should be perfected and the related system should be built to meet the need of standardizing exhaustion of trademark rights. And it is necessary to the development of domestic intellectual industry.