Research On Conflicts Of Trademark Right And Prior Right

With the continuous development of the world economy, the huge business value that trademark contains is getting increasingly attention. For the sake of saving cost of publicity of trademark, increasing the popularity merchandise or service quickly, some people will use the Prior Right to " hitch a ride" with deliberate or not when they apply for trademark register, Once the trademark registering is successful, it does form the conflicts of the trademark right and Prior Right. bringing themselves the abundant economical benefits and at the same time damaging the person's legal benefits seriously whom the Prior Right belongs to. Understanding correctly the basic theories the conflicts of the trademark right and Prior Right, drawing lessons from the lawmaking experience abroad continuously, perfecting related laws, regulations of our country, pushing the judicial practice of the protecting of Prior Right are all problems that this text is going to solve.The writer analyzed the basic connotation, law characteristic and scope of the Prior Right and introduced the lawmaking conditions abroad of the protecting of Prior Right on the basis of the basic theories of theirs. From above writer marked the basic connotation of the conflicts of the trademark right and Prior Right and dig out main items that form the conflicts.The writer summed up the sorts of the conflicts of the trademark right and Prior Right: the conflicts of the trademark right and the general civil right , the trademark right and other traditional intelligent property rights, the trademark right and other Prior Rights. The writer drew the conclusions from analyzing the concrete situation that the problems of the conflicts of the trademark right and Prior Right is not only a kind of behavior that violate legal benefits of the person who Prior Right belongs to ,but also one that compete illegally and it also damages the benefits of the consumer and public benefits. For researching the conflicts of the trademark right and Prior Right better, the writer made some tidying up and summary to the legislation and practical model about the conflicts very nation and international convention. These are the good lessons for a perfect legislation of our country.Finally, the writer discussed the shortage of the protecting of Prior Right and found the main path of enforcing the protecting lie in the enacting of code of intelligent property right laws "which standards the intelligent property right in one form. But it is impossible to accomplish the target in one move and it is a long and huge one, in this case the better way is now to perfect "trademark law" and related laws and regulations and emphasize at the same time the person to maintain their own Prior Rights and the person who own the trademark right to respect those that Prior Rights belongs to. Only the two kinds of right get balance in development, the rights conflicts can be solved effectively.