The Analysis Of The Fair Use Of Trademark

Trademark fair use system is of great significance in practice and theory. It is less dispute in the copyright fair use for the exact regulations. But for the fair use of trademark, We can only find the formal answer about ’the fair use of trademark’ appellation in Beijing high court in2004.Other appellation terms such as "descriptive fair use""nominative fair use""normal use" and "duly using",and so on,can find at America’s judicial practice and China’s relevant solutions, regulations.so there are having different opinions and views about the fair use of trademark of formulation, definition,type and theory research. On this basis, it is meaning to research the fair use of trademark of definition and concept in China.What is the relations among "descriptive fair use""nominative fair use""normal use" and "duly using",what is" fair use "" the fair use of copyrighf" and "the fair use of copyright and the fair use of trademark relations",What is" the fair use of trademark""parody""news reports, comments""dictionary’s use".Around these issues, First, I adopted a preliminary investigation on the fair use of copyright and establish preliminary thinking; then, in the combination of the legislative and theoretical trademarks fair use research in domestic and foreign, through examining specific reference use of the trade mark in the United States and China, and the laws and regulations of the countries (regions) in the rest of the world, comprehensive survey of domestic scholars trademarks rational use of the development course of the study, the author do answer the above questions.The same time the author views on related issues; Finally, In the combination of the draft revision of the trademark Law, the authors elaborate on whether the trademark fair use content included in the "trademark Law".The first part,"fair use of intellectual property system", mainly view on the definition of the fair use of intellectual property system, the legal basis and copyright fair use system.This chapter focuses on the meaning of the fair use of the system,copyright fair use development and content.for copyright fair use play significant role to refer to the fair use of trademark.Then we investigate the development of the scholars research of the fair use of trademark at home and abroad.On the basis of this,we research the existence of the problem (fair use type and definition) and roots (trademark fair use complexity).And we think of failing to distinguish between objective and reasonable evaluation, therefore, resulting in a wide range of the system of doctrine.Second part, about the system of the fair use of the trademark legislation and practice in foreign countries (regions).First, the author expounds the U.S. trademark fair use legislation and judicial practice, description of the development of the "descriptive fair use""nominative fair use" in detail.In the same time,research " parody "" news reports, comments,""dictionary’s use"; then comment organization and other laws and regulations of the countries (regions)on the world. Combined with China’s trademark legislation and practice of the fair use,to find the lack of improvements.The third part, in contrast to the above description, using "descriptive fair use""nominative fair use" view, the author elaborate the fair use of trademark legislation and judicial practice.With a chronological context, summary fair use of trademark development in china. through three stage division research the system of the fair use of trademark:budding, development, form phase.Focuses on researching the " normal fair use" and "the fair use of trademark" concept, definition and origin,and the relation between "descriptive fair use" to "nominative fair use"; through two and three portion of the major paper, combined with the domestic scholars legislative proposals and trademark law draft three investigation, the author perspective whether trademark fair use content should write into the law.