Research On Conflicts Of Intellectual Property Rights

The age of the knowledge-based economy, Intellectual property as an intangible property right is taken into more consideration by people, while the attendant conflicts of intellectual property rights cause people's concern gradually. The intellectual property rights for the normal exercise of the conflict brought a certain amount of trouble. Therefore, the better understanding of exactitude and the better settling of conflicts of intellectual property right become one of the topics faced by both theoretical and practical issues. At present, there are still many deficiencies existing in settling conflicts of intellectual property right. on the basis of trying to define the conflicts of intellectual property rights, the writer analyzes its generating reason and the settling of the conflict of intellectual property right of the existing law rules in our country and then proposes appropriate measures to improve it.First, anglicizing the concept of intellectual property rights, concerning the definition of intellectual property right, the educational circles separates the broad sense say with the narrow sense say, This paper argues that by comparing two of them the conflicts of intellectual property rights are generated by the same object and formality lawful intellectual property right because of belonging to the multiple subjects and cause of the rights conflict with of phenomenon. Elements of conflicts of intellectual property rights including, conflict of rights must have the same object, the two sides must be intellectual property right; the conflicting intellectual property right is all lawful in the formalities, the conflicting intellectual property rights belong to different subjects .Only matching at the same time above of four constitute important item of just belong to conflicts of intellectual property rights.Second, investigating the reasons of the conflicts of intellectual property right. Labor theory of property rights, personality theory and motivation theory are the theoretical basis of conflicts of intellectual property rights creation. The direct causes of the conflicts of intellectual property rights produced include in an intellectual property right oneself features, current disperse of legalization mode and driven by the interests. In addition, the enhancement of the socialism rule of law factor and the exaltation of public law consciousness are also two important reasons that result in the conflicts of intellectual property rights.Third, discussing manifestations of conflicts of intellectual property rights. They include in conflicts that the same kinds of intellectual property rights and different kinds of intellectual property right. The conflicts with the kinds of intellectual property include the conflicts within the rights of copyright , the conflict between the rights of trademark, the conflict between the rights of patent . Different kinds of conflicts between the rights of intellectual property rights mainly include the right conflicts between copyright and patent, the right conflicts between trademark right and copyright, the right conflicts between patent and trademark right , the right conflict between trademark right and company name right ,the right conflicts between trademark rights and domain name right and so on.Fourth, proposing the suggestion of the perfecting our country settle system about the conflict of intellectual property rights. The current provisions on resolving the conflict of intellectual property rights have some deficiencies ,including legalization disperse, lack of the rules of perfect system, the lower effectiveness level of the law specification, Cumbersome procedures to resolve such conflict of rights etc. This thesis implies that perfecting our country settle conflict of intellectual property right should be to limit the exclusive rights, to set up a unified Intellectual Property Code and to add the compensation rule.