The Research Of Trademark Innocent Purchase

Trademark rights can be good faith,has been controversial.Good faith is to solve the problem of have no right to dispose of,in traditional theory and the existing legal norms,applies only to the real right,a person who has no right to dispose the movable or immovable property at a reasonable price to the third person,the third person know dispose of unauthorized disposition,has completed registration or delivery,the third person take ownership of movable or immovable property,the original property right holder may request a third person returned,but you can request the right to punish people compensate for the losses.In the process of trademark rights transfer,there has no right to dispose of,transfer the trademark rights how to balance the original trademark rights and interests of a third person in good faith,need good faith system involved.Trademark in good use three chapters to this paper related questions:First,combing the status quo of trademark rights in good.In judicial practice,in view of trademark rights have the right to dispose of problems,according to the right to dispose of people get the right way,there are two different referees.According to the present situation of the practice,puts forward the research question of this paper:the first argument trademark can be good faith,after can solve trademark in good,solve the problem of trademark rights related people benefit protection and trademark office to self responsibility for problems.Analysis the study of the theory of the trademark in good status of our country,the approval of trademark rights transfer registration system provide the possibility for trademark in good.Second,through the traditional theory of good faith and value analysis,to explore the feasibility of trademark rights in good.Good faith based on three points:is the objective existence of the right to representation,the parties,the reasonable trust rights characterization and himself is to blame.According to the trademark has no right to dispose of the case,the traditional good faith theory can apply to the trademark rights.The value of good faith is to urge the obligee to protect the rights of self,the pursuit of trade security and transaction efficiency,promote the formation of the social credit.In the trademark transfer is also the pursuit of value.Trademarkrights of the public the existence of errors for good faith to provide the possibility,a low error rate of the provided legitimacy.Third,security trademark goodwill and protect the interests of the other subjects.First clear trademark legislation can apply good faith system,secondly to trademark the system analyzes the constitutive requirements of good faith,the trademark has needed some factors of consideration,again,for the interests of the trademark licensee,the pledgee,the trademark office shall be responsible for the registration error.