Trademark And The Right Of Prior Rights Conflict

In those years, the cases of conflict between trademark right and prior rights are often brought forward, the new things and new questions are producted one by one. But faced to the developing society life, our legislation is behind society. This brings difficulty to our work and is not useful in keepings legal rights. This paper will brings forword some suggestions to resolve right conflict on base of analyse to questions between trademark right and prior rights. I hope that it will useful in experience of trademark.The whole paper indudes four parts.In the first chapter, the concept, content and characteristics of prior rights are analyzed. Author brings forward new concept about prior right,and think that prior rights are induded four characteristics. Author think that prior rights are included prior trademark right, prior enterprise's name right, prior copyright,prior right of famous goods'name, right into business, personal right, prior geographical indications, prior patent right, domain name right and so on.In the second chapter, the basic theories of right conflict between trademark right and prior rights are discussed including the concept of right conflict, the content of right conflict, the cause of right conflict, the kind of right conflict and so on. As to concept of right conflict, author think that infringed right conflict is not true right conflict, because infringment doesn't lead to product new rights. The condition of right conflict is hat two or more rights exist. The content of right conflict are included four conditions. The causes of right conflict are included five hand.