Study On Fair Use System Of Trademark Right

The fair use system of trademark right, as an important system restricting ownership of trademarks, takes the mission of balancing benefit between people who have ownership of trademarks and related subject of rights, and maintaining favourable order of market competition. There are some provisions about fair use of trademark right in Trademark law in international organization and lots of countries which own developed intellectual property system. But in our country there is no definite provision about fair use of trademark right in Trademark Law. Neither theoretical research is insufficient. It needs further study. The paper contains three parts of introduction, body and conclusion, and the body is divided into four chapters.Chapter one:The theoretical basis of fair use system of trademark right. Introduces the theories of balance of interests, public domain and rights boundary, demonstrates the legitimacy of trademark fair use system. Then defines the fair use of trademark rights..Chapter two:The application of fair use when there are concurrences of trademark right and related rights. Mainly includes three typical types. Analyses the causes of rights conflict, between trademark right and trade name, right of appellation of origin and copyright, and the conditions of trademark fair use defense.Chapter three:The new problem when the fair use system of trademark right applied to network environment. Introduces the use of trademarks on the internet, and three major use——register domain-name, set hyperlinks, and inbuilt meta-markup. Analyses the constitution of fair use.Chapter four:Proposes some suggestions on perfecting the trademark right fair use system in China. Introduce the development of trademark fair use legislation and theoretics, for reference. Point out the status of fair use system of trademark right in China. Then give some suggestions on how to improve it.