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The Law And Economics Study Of Trademark Property Rights Disputes

Posted on:2014-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:D LinFull Text:PDF
GTID:2266330425492915Subject:Industrial Economics
Abstract/Summary:PDF Full Text Request
Trademark rights belongs to the intangible intellectual property rights. Compared with tangible property rights, trademark rights is more complicated, so the disputes from the use of trademark are more difficult to solve.Recently,the most typical case is the trademark rights disputes about Jia Duobao Corporation and Guang Yao Group.Despite the arbitrament was made by Chinese Economic and Trade Arbitration Commission in May9th,2012,with the result that Guangzhou Pharmaceutical Group achieved final victory from the law, fully recover the right to use the trademark,it seems that the arbitration could not be changed.But as an existence form of property rights,the trademark rights need to be explained by Economics and Law.Trademarks property disputes mainly includes two aspects:One is a trademark counterfeiting,; another is dispute by the use of trademark rights licensing.As intangible intellectual property, trademark property rights differ from tangible ones.Because the intellectual products can be infinitely replicated,the behavior of Trademark Infringement would not be limited by the shipment of trademarks.After the theft of a tangible product, the product owner A can not continue to use it, A will take measures to regain their property rights at the first time.The unauthorized use of this trademark does not prevent acts of its owner to use the mark, so this can not be immediately discovered violations,causing the high protection cost of the trademark rights.In addition, trademarks, copyrights and other intellectual property rights are characterized by public goods.A has an innovative idea can not stop B also has the same idea.Trademarks are composed by language and symbols,and language cover generic terms for most people, so trademark has no clear boundaries in some extent.If a trademark’s universality is more obvious than its significance, it is difficult to be protected by law.Because the cost of legal protection of such trademarks is so high that it may exceed the benefits of such a trademark.Therefore,trademark infringement disputes are common, the trademark owner rights protection would meet higher cost. Trademark licensing rights disputes are more complex, because the initial signing of the trademark licensing contract is not complete. Therefor,what is the scope of trademark licensing? How to distribute the added value benefits after the trademark licensing?Such issues tend to be ignored.Once the trademark licensees enhance its brand value through the use of trademarks, both sides tend to produce benefits disputes.Legally speaking, the ownership of trademarks is owned by trademark registrant.But the value of the trademark can be reflected only in the course of using.The value of trademarks may be added or devaluated,which has the necessary connection with trademark operators.The goodwill would increase or decrease through the use of trademark by trademark licensee,which will generate externalities.Because the transaction of contracting parties are positive,according to Coase’s theory,property rights can not be clearly defined in the case that transaction cost is greater than zero.As a kind of property rights,trademark rights also could be segmented.In the case of the trademarks rights’segmentation,some attribute would fall into public domain,where there are a lot of difficulties that earnings brought by this attribute could not be defined.The trademark rights and its disputes need to be re-interpreted by Law and Economics,Property-rights Economics and Information Economics. Therefore,we can put forward a more economical solution to deal with these problems,which has more important theoretical significance and practical value meaning.This thesis include five sections:The first section is the introduction to this thesis. This paper focuses on the research background and significance, research review, the research methods and structures, as well as innovation of this paper and inadequacies.The second section describes the nature and function of the trademark. If we want to analysis trademark,we must first figure out the essence meaning of trademark, the existence use of trademark,and its features. Clearly the nature of the trade mark, the further from the point of view of economics of property rights as an intangible property trademark special attributes. After the assurance of the trademark nature,this part will further study the special attributes of the trademark rights as a property rights.The third section discusses the existence of trademark disputes over property rights, the current situation and other kinds of problems.The fourth section is the main part of this chapter.It mainly study the inducement of the trademark rights disputes. And the main inspect to each subject of the market.The five section is the Case Study:Through the study of JDB and the GPHL’s trademark disputes,externalities will appear in the using of trademark.It is very hard to evaluate how to distribute the added value because of the high transaction cost.The six section is about solutions and countermeasures.The paper would propose the Benefit maximum-cost minimum solution.Then the article would offer proposal about trademark law,which has a gap between the reality of economy,in order to make more realistic and more equitable justice.At present, the domestic study of trademark disputes is mainly from the perspective of law studies.Few research is according to Economics. This paper make an innovation based on the existing research.From the perspective of economics, combined with the law on trademarks theory,the article put forward the source of the trademark disputes. And then propose corresponding countermeasures.
Keywords/Search Tags:trademark rights, property rights, Law and Economics, trademarklicense
PDF Full Text Request
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