On The Trademark Rights Violations And Remedies

With the purpose to make the provisions of Chinese existing laws, which are the main clue of this thesis, apply better and the remedial mechanism of trademark right more perfect, the thesis discusses the subject of the infringement of trademark right. First, reveals the expressions of the infringement of trademark right, and has a deep discussion on the distinguish features as well as perniciousness of all kinds of infringements, especially how to have a correct understand and application of the relating provisions of our state's laws. Second, discusses the imputation of the liability of trademark right, and points out :It is practicable to establish the system of "right of the real claim" or "right of intellectual property claim", with succeeding and perfecting the system of liability for tort at the same time; The compensation for damage of infringement of trademark right should take the principle liability for fault as the main liability principle and the principle liability for fault inferred as a complement. Third, discusses the excuses which may be as a plea in the action of the infringement of trademark right, such as fair use, prior right, forfeiter of trademark right .At last, approach the subject that how to apply and perfect legal proceedings and alter ways to the remedies of trademark right.