Conflict Of Rights And Resolution Of Intellectual Property

The conflict between the intellectual property rights hampers the rights to realize successfully and bring the confusion and difficulty to law enforcement. So, conflict of rights of intellectual property has been a focus of legislation and elisor in China.There are some progress has been made on legislation and judicial practice, but so much aspect still needs to be concerned, such as the deficiency of the related law and regulations, the basis of dividing the boundary of different kinds of rights, and the way for judge to balance the different kinds of rights. So it is urgent and necessary to make a research on the conflict of rights, for its great importance in theory and practice.The author try to comprehensively analyze the concept, reason and the kinds of the conflict between intellectual property rights, and to find out the general principle which can direct the law enforcement agency to deal with the conflict between the intellectual property rights. This thesis also discusses how to resolute the specific conflict between the different kinds of the intellectual property rights, though analyzing the typical cases, and proposes to perfect legislation and just judicial process.