Research On The Fair Use Of Trademark In Mass Media In China

"Rights are liable to invade." It is valid measures to limit the rights of trademark and constitute the system of fair use of trademark and to promote achievement of fair value of legal and improve society progress. The competition in commerce in mass media is trademark directly anytime and the war of lawsuit of trademark break constantly. While it is regret that there have no act to regulate in our trademark in our China. The thesis discuss from the basic theory of fair use of trademark to discuss the reasonability of fair use of trademark and analysis the fact and reason of missing of it. And then introduce the advanced legal law in advanced country and region in the world. In the end, give some proposal to consummate the trademark law. The thesis includes surface and content and conclusion. It groups into four parts.Part1:The summary of the trademark fair use theory. At the beginning, the article discusses the necessary of rights forbidden and the legitimacy of fair use of trademark. Fair use doctrine embodies the essence spirit of fairness and justice, it balances the intellectual property interests of mark-owners, the other user and the public.Part2:Introduce the truth situation of fair use of trademark in mass media in our country. Expound the concept and character and types and function. Discuss that trademark is used frequently with no regulations in mass media, for example, in operator’s ad and in news reporter and the public opinion. Turn over to think the reason for it.Part3:The part introduces the better legislative system of fair use of trademark in the advanced countries and regions and international treaties and sum up the statutory and theory fruits of fair use of trademark in abroad include the concept and various type and standard of judge. This part discusses the necessary and feasibility of constituting the fair use of trademark in mass media in our country and This paper provides some suggestions to improve the system of trademark fair use in mass media in our country on the reference of experiences abroad.