The Research On The Conflict Of Trademark Rights And Related Civil Rights

The 21st century is the era of knowledge economy,and Intellectual Property is becoming the focus of attention rapidly.All countries have attached great importance to the protection of intellectual property,and these countris have urged the countries that did not protect Intellectual Property to protect Intellectual Property.Because the protection of intellectual property rights means protecting the public'screativity and enhancing the competitiveness of economic development.Authough knowledge is colorful, the carrier of dissemination of the knowledge is limited. This carrier is text, symbols, graphics, color and any combination of several between them. So Intellectual property rights on the same or similar object will produce conflict.This paper chooose the conflict of trademark rights and related civil rights for studuty,and analysis the concept, types, causes, nature, social impaction of the conflict of trademark rights and related civil rights.Finally the article Provide legal principles and channels to solute the conflicts.The full text is divided into three parts. The first chapter is part of the basic theory of this paper and a part of raising questions.this chapter is divided into two sections.In the first section,the author analysis concepts and Constitutive Elements of the conflict of trademark rights and related civil rights.In the second section, the author analysis type of the conflict of trademark rights and related civil rights on the base of the other's type.The author thinks that the conflict of trademark rights and related civil rights is divided into the conflict of infringement and the conflict of no infringement.The author also thinks that the conflict of trademark rights and related civil rights is divided into the conflict of trademark rights and the Personality rights and the conflict of trademark rights and the Property.In the second chapter,the author analysis the the conflict of trademark rights and related civil rights comprehensively.This chapter is divided into three sections. In the first section,the author analysis the causes of the conflict of trademark rights and related civil rights from itself to Social environment. This section is the focus of the second chapter.The author thinks that non-material and replicability of trademark and defects of legislation, law enforcement, judicial are the most inporant causes.In the second section, the author analysis the nature of the conflict of trademark rights and related civil rights.This paper thinks the nature shoude be the conflict of interest and the conflict of the value. The conflict of interest expresses that the parties competition for the limited resources. The conflict of the value expresses different perceptions of the parties. In the third section,the author analysis the social impaction of the conflict of trademark rights and related civil rights.It have positive impaction and negative impaction.This paper analysis social impaction on parties, administrative organs, judicial organs, the legislative process, academics, the competition order of China's market economic and the rights awareness of public.The third chapter is the focus of this paper.This chapter is divided into two sections.In the first section,the author Summarizes and discusses the legal principles by analyzing the three cases.The legal principles are the principle of protecting prior right, the principle of measuring interests, the principle of Anti-dilution protection.In the second section,the auhor discusses the legal channels to solute the conflict of trademark rights and related civil rights from amending the system of the prior right ,amedding authorization system to amending settlement mechanisms of dispute. Firstly, the author provide some suggestion on prior right from the sope of the prior right,the conditions of protection,the way of protection to restrictions of protection.Secongly, the author provide some suggestion on uniting retrieval mechanisms of object,principle of comprehensive review, objection system.Thirdly, the author provide some suggestion self-help, social relief and relief of the public.And the author mainly study on the Administrative mediation, the problem of convergence of legal ruling and administrative procedures and the problem of the recognition of rights.