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Analysis On Applying Bona Fide To Intellectual Property Law

Posted on:2015-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:J R XiFull Text:PDF
GTID:2266330431451876Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Recently, with the development of intellectual property law as well as the further improvement of the traditional civil law theory,there appears a controversial topic of whether the intellectual property system was acquired in Bona Fide.Bona fide exists in traditional civil law system as an important property rights.It refers to the person entitled to dispose of movable or immovable at a reasonable price to bona fide third parties, and it has been publicized by law. There are third parties usually obtained:the ownership of the subject matter, the original right holder and the third party who is innocent. The third person in Bona Fide can usually take the ownership of the subject matter; the right holder may not request the third person in Bona Fide to return the original items. Visible, traditional civil law did not take the intellectual property as an objection of the bona fide.However, there has seen a debate about academic acquired in Bona Fide, that is whether regime applicable to intellectual property rights. Throughout the research on bona fide acquisition of intellectual property rights, most studies scattered on through patent, trademark or trade secret, and other one specialized area. For intellectual property, such as general rights can apply Bona Fide system is less studied.Scholars also held the rationality of the system of intellectual property rights as to how to locate the system, especially in the judicial aspects of how to determine whether a particular intellectual property rights acquired in Bona Fide is not widely in-depth discussion. In short, there is no systematic study of the formation. This paper takes the current status of intellectual property rights acquired in Bona Fide as the starting point in order to the study the bona fide acquisition of intellectual property rights.The author seeks to explore the intellectual property rights in Bona Fide in real judicial processes the realistic need, and on this basis to build the components of the system of intellectual property rights in Bona Fide. In order to clarify the intellectual property rights of the ownership issue in the process of Bona Fide.
Keywords/Search Tags:Intellectual Property Right, Bona Fde, Real Right
PDF Full Text Request
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