On The Conflicts Of The Commercial Identifications Rights And Their Resolutions

As the world economy goes into the era of knowledge economy, the complexity of intellectualproperty rights is increasingly prominent. Especially in the operating environment of the marketeconomy, in order to seize the commanding heights of the economy, the market players often take theadvantage of others in priority to establish business reputation to gain market share, there are anincreasing number of trademark-centric commercial identifies the conflict of rights cases. In judicialpractice, how to deal with such disputes only the Supreme Court issued several judicial explanationsand there are no legal documents, while the conflict cases of registered trademarks were excludedfrom the scope of the Courts. How to resolve from the practice areas of commercial identifications,the conflict of rights cases from the following aspects were analyzed.In the first section I define the concept of commercial identifications, the main types of businessidentifications, including the conflict between trademarks and trade names, trademarks and domainnames, trademarks and geographical indications, trademarks and well-known commodity-specificname. Next I analyze the reasons of the conflict of commercial identifications rights from the use ofthem is abstract, the dispersion of the current legislation for the protection of the rights of commercialidentifications, a number of licensing and enforcement departments as well as economic interestsdriving.In the second part I analyze the principles should be followed in resolving the conflict cases whenthe rights of commercial identifications, mainly in the relative protection of prior rights, the principleof maintaining the principle of fair competition and the principle of balance of rights. Taking fullaccount of the above three principles on the basis of a reasonable allocation of the interests of allparties, so as to achieve the best social effects.In the third part I introduce of the current judicial practice in China for commercial identifications.There are three different modes in resolving the conflict of rights cases and analysis of theirdrawbacks. Second, I introduce the practices of other countries and regions including France, theUnited States and Taiwan of China to deal with the rights of commercial identifications conflict cases,and give advises to China that which part we should learn from the experience.In the fourth part I put forward my own proposal for how to build resolution mechanisms in China.The use of litigation to resolve the disputes of this type, the first step is to establish civil jurisdiction inthe conflict of rights cases for commercial identifies; the second step must be sure that people's courtsaccepted these kind of conflict cases; the third step is to build " the third instance one" IntellectualProperty Division. Outside in the proceedings, to actively promote non-litigation model in dealingwith disputes of this type, you can seek mediation and arbitration, thus diverting cases in order tosolve the cases conveniently and efficiently.