Study On Commercial Signs Right Conflict

Since 1990s, the intellectual property rights conflict cases, which related to commercial signs, especially related to trademarks, emerged gradually, and presents the rapid increase in posture at the turn of the century, initiated a heated discussion about rights conflict in legal field, especially in intellectual property law field. At that time, the issue of bussiness signs rights conflict soon became a hotspot in the circles. But rare for a comprehensive, systematic research papers and works about that issue, so this paper attempts to be tried in that aspect. The paper is divided into four most unfolds to start, the specific as follows:The first part mainly defines the connotation and denotation of commercial signs, and distinguished related concepts . Under the current provisions of relevant laws in China, the types of business signs have been included or should be incorporated into the existing legal protection system are: trademarks, trade names (business names), geographical indications, peculiar name of goods, trade dress, trade character, domain names, special symbol and other business signs.The second part identifies the types of rights conflict about business signs in real-life, including: the conflict between the rights of trade marks; the conflict between the rights of trade names; the conflict between the rights of trademarks and trade names; the conflict between the rights of trademarks and geographical indications; the conflict between the rights of trademarks and peculiar name or decoration of goods; the conflict between the rights of trademarks and trade dress; the conflict between the rights of domain names and trademarks or trade names; the conflict between the rights of trade names and peculiar name or wrap or decoration of goods, and so on.The third part mainly makes an analysis of the causes of commercial signs rights conflict. There are a lot of reasons to cause that issue, and it is the results of combined actions by many inside and outside factors. The inside causes include the similarity of their own business signs and scarcity, etc.; the outside factors includes the social and historical background factors, that it is a type of social benefit structure conflict, in particular it is a type of integrity lack of credibility phenomenon, which is caused by credit costs, caused by social beliefs failed to timely convergence, and focused on three aspects, which are legislation, enforcement and judicial. The legislative reasons include legislation contradictions and dispersed in the legislative technology limited, etc; The law enforcement reasons mainly lies in the administrative bull management, permissions positioning unknown and a lack of communication across, with information sharing mechanism, registration system is not perfect and law enforcement lost and lax and law enforcement standard disunity, etc; Judicial aspects mainly lies in negative to perform function which is caused by not clarifying the relationship between administrative way and the judicial way, which are the two main ways to solve those problemsetc. To deal with the relationship between the two ways, this paper argues that, the relevant administrative procedure is just a confirming to the natural rights of business signs, or a managemnet to avoid the abuse of commercial signs, itself does not change business logo of proprietary attributes, in the civil lawsuit it rises is a similar role in evidence. So whatever is charged of infringement business logo rights administrative procedure to determine whether to pass on businesses logo rights conflict into civil action has no effect on the competent range.The fourth part focuses on analyzing how to solve the conflict between the rights of business signs.That part points on four blocks to start. At the first the paper component to handle business logo rights conflict discussed when the principles of business logo, then based on the right conflicts caused by many reasons to improved part of the specific measures and proposed suggestion, including legislation, law enforcement and judicial three aspects.When we talk about the principles to deal with the conflict between the rights of commercial signs, this paper argues that, at present, the business signs have a large presence with very right conflicts, except of information impeded or problems left over by history and the existence of well-meaning conflict, most cases are malicious conflicts, which are one party deliberately manufactured, because there are bugs at business signs in administrative and legislative flaws, namely, its implementation is a garb of legitimate coat torts, so "protect legal rights to the principle of earlier has strong relevance; Meanwhile, in the face of business logo dispersive lawmaking dislocations, The anti-unfair competition law become communication bridge between the various commercial logo, thus embodies the anti-unfair competition law legislation tenet of "no market confusing principle" has its applicable necessary; In addition, any the application of the principle all has its limitations, certain circumstances also need to be equitable, And interests within the field of intellectual property right balance is a permanent line, as one of the intellectual property right of business logo certainly has no exception, thus in dealing with commercial logo rights conflict problem still need "benefit balance principle" to be supplemented.For specific measures and suggestions to solve the conflict of rights between business signs, mainly includes uniforming legislation about business signs; Administrative unity and harmony ; Implementation of administrative management and administrative enforcement organized on the basis of separation of law enforcement agencies and strengthen special law enforcement; As well as in dealing with good administrative way and the judicial way based on the integration of the judicial organs shall play an active role, etc. And about solving business logo of right conflicts with the judicial administrative channels linking problem, Should include the following two kinds of situations: (1) if the relevant act constitute is only a part of the administrative procedure shall, in should be accordanced with the administrative procedure and; (2) if the rights of conflicts between the civil lawsuit constitute an independent by reciprocal independent, parallel.