Earlier Study On The Right

Prior right is a right which is based on direct law prescription, it is taken to protect personal benefits when the antecedent or former rights of special obligees are getting violated or facing hazards of violation. Since the conflict of rights has become a normal phenomenon as a result of the diversity and intersection of rights, exclusion of property rights and necessary request of rights protection by obliges, thus, prior right has become a preferred principle for solving conflicts of intellectual property. Nevertheless, the causes of conflicts are complex and it is hard to eradicate these conflicts in a short time, thereby it is crying for lucubrating on the nomological basis, characters and contents of prior right. The paper brings forward a whole new definition of prior right through comparing former rights to prior rights, analyses the value tropism and nomological basis of prior right. Aiming at the law attribute of prior right, the paper expatiates and analyses the value, the nomological basis and practical meaning of prior right, advances that prior right is an independent right which is contradictory and procedural. The contents of this relief right involve the common prior right and the special prior right, moreover, the prior right comes down to the legal rights which have been acquired formerly, prior using right of registered trademarks and patents. It is significant when prior right is confirmed as a right of relief, it can be used as a gold key for resolving conflicts of intellectual property. Based on "the analysis and combined with the practice of theory and lawmaking in our country, the paper deeply analyses the directive thought of lawmaking concerning prior right, puts forwards the primary lawmaking design of status, categories and exertion procedure of prior right. It not only is good for understanding prior right theoretically and practically, but also has some referenced value in system designing according to intellectual property lawmaking.