A Study On Conflicts Of Intellectual Property Rights

The world today is the era of knowledge economy, accompanied by gradual replacement of tangible property, intellectual property has become the focus of community property. Underlines the growing and spreading conflict over intellectual property rights, how to correctly understand and properly resolve such conflicts over intellectual property rights, is the common task faced by theory and the judicial sector. Based on the analysis of the concept of intellectual property rights conflict, the author hide in the depth of the root causes of conflict over intellectual property rights, and make a empirical study with the center for trademark, patent and copyright. Then, the author propose several general principles of justice about solutions to conflict over intellectual property rights disputes, and put forward some dispute settlement mechanisms about how to improve it.The full text is divided into four chapters, mainly as follows:Chapter 1: Introduction to conflict over intellectual property rights. The paper which is the theoretical foundation focused on the general issue of intellectual property rights conflict. The concept of intellectual property rights in conflict defines the "generalized conflict", and its constituent elements include such factors as: object identity, main phase heterosexual, right legitimacy and conflicting interests. There are three factors led to the enforcement of conflict over intellectual property rights: own characteristics, driven by economic interests and the current decentralized form of intellectual property legislation and enforcement model. Intellectual property rights conflict can be divided into two categories: the conflict between intellectual property rights, and intellectual property rights and other civil rights conflict. Among them, the former can be divided into different categories of different types of intellectual property rights conflict with the same type of intellectual property conflicts.Chapter 2: the manifestations of conflict over intellectual property rights. First, there are several rights which will conflict with the trademark, such as : advanced trademark, advanced property rights, advanced copyright, advanced traders, advanced design patent, advanced geographical indications, advanced domain name, advanced well-known name unique, tastefully packaged, advanced commercialization rights, the name right, and the portrait right; Secondly, there are several rights which will conflict with the franchise, such as : first franchise, priority right, advanced trademark , advanced copyright, advanced traders, advanced well-known name unique, tastefully packaged, advanced commercial secrecy, advanced right layout, the name right, and the portrait right; Finally, there are several rights which will conflict with the copyright, such as: prior copyright, and the portrait right.Chapter 3: The principle of intellectual property rights in the settlement of the conflict. There are four basic principles to resolve the conflict over intellectual property rights: principles of honesty and credibility, protection of the rights of first principles, principle of balancing the interests, and the parties to resolve principle. The application of the principle of honesty and credibility should pay attention to two issues: the conditions and restrictions apply. While the protection of the rights of first principles is the first principle of the right of judicial practice commonly used in the conflict and disputes, but it have some limitations. Principle of balancing the interests require taking into consideration the balance between the interests in solution of intellectual property rights conflict in practice, so that the most effective use of knowledge products. The parties to resolve principle is the principle of autonomy in the application of intellectual property rights in specific areas of conflict. It not only can ease the ability of legislators to recognize the limitations, but also can conducive to the interests of their clients to maximize, so it cans settle disputes thoroughly. Meanwhile, it needs a full implementation of the principle of self-client consultation process.Chapter IV: the legal thinking about how to improve the resolution mechanisms for conflict over the intellectual property rights. China's related legislation on intellectual property rights has some responses, but there are still some following questions : (1) The single standard which is used to coordinate the conflict is dispersed, cluttered, and lack of systematic and integrity; (2) It is largely simplify the complexity of the conflict right that looking protection of the rights of first principles as fundamental principles; (3)The effectiveness of the legal norms to resolve the conflict right is at a very lower level. Therefore, the authors put forward several suggestions to improve the mechanisms for conflict resolution (1) Legislation: It is better to formulate a unified intellectual property code and clear the meaning and scope of the prior rights; (2) Administrative enforcement: It is better to establish and strengthen coordination and sharing of information among law enforcement agencies; (3) Judicial relief: It is better to abolish pre administrative procedures, and replace it with the wishes of parties.