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Research On The Trademark Right Of Common Law System

Posted on:2015-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:X N YeFull Text:PDF
GTID:2296330431958543Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The establishment of the joint trademark ownership system is a breakthrough in the new trademark law of China and it is the only way to resolve many our country’s historical issues left during the transition from the planned economy to the market economy. It is also an important part to protect private property rights. However, the fundamental value of the trademark is to distinguish between different goods and services. So its premise is to ensure the exclusive of a trademark. Therefore, the joint trademark ownership system’s complex subject characteristics determine that it has to be the exception of the whole trademark legal system. Although, the joint trademark ownership system seems to violate the fundamental value of the trademark ownership system could violate trademark requirement, but in fact this problem can be solved by means of the reasonable system design. So, how to build concrete system to ensure that the trademark with multiple owners can still distinguish different goods and services is worth discussing.Based on the particularity of the joint trademark ownership system, this paper will attempt to discuss theoretically the trademark of the concept, characteristics and significance of ownership, and then focuses on analyzing the trademark ownership acquisition modes, types. After the analysis of the trademark of the basic theory of ownership, this paper focuses on the analysis of a total of trademark execution system, for example, a total of trademark segmentation, assignment and licensing, as well as the trademark representative system, etc. Finally, this paper will discuss the joint trademark ownership protection system from three different angles of civil, administrative, criminal protection system and builds different trademark protection system based on the characteristic that the joint ownership has complex sexual rights subject. This paper wants to provide beneficial thinking method to resolve all kinds of disputes that may occur in practice.
Keywords/Search Tags:The joint trademark ownership, Rights exertion system, The protection of jointownership
PDF Full Text Request
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