Research On The Conflict Resolution Mechanisms Of Copyright Rights

As the national technology and economy is promoting rapidly, the categories of law-protectedintellectual products increase, so does the protecting range of the intellectual property. Theoccupation of the intellectual products is a kind of acquaintance and use, not as Specific as thesubstantial one, so conflict is easily occurred in intellectual property sector. The thesis is mainlyfocus on the way of developing the Resolution Mechanisms of Copyright Rights Conflict with aview to analyzing the defects of the current Mechanisms.The first part of the thesis is mainly about the problems of the Resolution Mechanisms ofCopyright Rights Conflict which is under Chinese legal regulation. The Copyright Rights Conflictcontains: the conflict between two types of Copyright Rights, the conflict between Copyright Rightand the trademark right, and the conflict between the Copyright Rights and the design patent right.The reason contains inner reason, outer reason and institutional reason. The existence of theseconflicts brings negative effect to law, market order and individual person. The thesis is on thebackground and be based on this part, researching for the Resolution Mechanisms of CopyrightRights Conflict.The second part of the thesis is mainly about the problems of the Resolution Mechanisms ofCopyright Rights Conflict under our current legal regulation. Although the Resolution Mechanismsof Copyright Rights Conflicts are distributed to different intellectual property law departments withdifferent solutions, the purpose is the same. Our laws tend to protect the prior copyright in order toencourage invention and decrease the conflict. There are still various substantial and proceduralproblems in the Resolution Mechanisms of Copyright Rights Conflict under our legal regulation,though it is quite detailed.The third part of the thesis inspects the Resolution Mechanisms of Copyright Rights Conflictof relevant states.‘prior right protection principle’,‘prior economic benefit principle’, and ‘benefitbalance principle’ are the basic principles of the Resolution of intellectual Rights Conflict, eachstate has its own feature when carries out these principles. To have mutual complementarity, author attempt to seek out the experience of perfecting our Resolution Mechanisms of Copyright RightsConflict by inspecting more foreign legislation based on predecessors.The fourth part is based on the former three parts, author makes suggestions as to how toperfect our Resolution Mechanisms of Copyright Rights Conflict. The detail is to stick to principlesof prior protection under balance Philosophy, by means of relevant legal institution, and beguaranteed by perfect relief system. The three-pronged process will effectively resolve CopyrightRights Conflict.