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University Name Of Trademark Protection

Posted on:2015-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ChenFull Text:PDF
GTID:2296330434953283Subject:Law
Abstract/Summary:PDF Full Text Request
Names of colleges and universities because of their huge economic benefits and social value, is often to attempt to "hitch a ride". Prohibition for university name infringement events and protect the weak, the author thinks that the trademark name of the most powerful protection to colleges and universities. This article, the author only a few words in the name of trademark protection, the necessity of focusing on the comparative analysis of colleges and universities at home and abroad have adopted some ways of protection, highlight the plight of actual protection in our country, to tease out a set of suitable for real name trademark protection fully feasible mode in colleges and universities.This paper is divided into five parts:The first part of this paper USES the trademark protection, the necessity of analysis was carried out on the names of colleges and universities. University name infringed repeatedly makes colleges and consumer rights and interests are impaired, if using protection of right of name to the university name is restricted by the scope of protection, so the trademark not only against the existing legal provisions; But also able to trademark foundation for proprietary property and protect the right to use the names of colleges and universities and permissions.The second part of comparative analysis of domestic and foreign colleges use trademark protection name to the present measures. Comparison of colleges and universities at home and abroad, we can see that differ in two aspects:one is the trademark rights form the basis of different; the second is using different nature of the university name. It is these differences that make trademark protection in colleges and universities focus on the infringement of trademark registration and relief; the foreign universities of trademark protection is trademark licensing system. Combining with the condition of our country existing analysis, the author thinks that should be selectively draw lessons from foreign beneficial experience.The third part of the actual difficulties confronted by name trademark protection in China are analyzed. First of all, the important cause leading to the name infringed repeatedly in colleges and universities is not the name of profit-driven, but negative protection consciousness of the colleges and universities. Second, trademark registration difficult and there are two reasons, one is not to recognize basic concepts, the second is based on cost considerations. Finally, due to the regional human rights predicament and college or conflict, made in the practical using names of trademark protection in universities will face difficulties in the process.The fourth part based on the existing law, from the perspective of concrete system construction, effective name of trademark protection pattern in colleges and universities in China are put forward feasible suggestion. Mainly improve the internal management mechanism in colleges and universities, solve the problems of a registered trademark and trademark licensing system.In this paper, the last part of the summary of this article research results, and the prospect of college name trademark protection was discussed.
Keywords/Search Tags:college name, trademark, registered trademark
PDF Full Text Request
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