A Study On The Resolution Mechanism Of Conflict Between Trademark Rights And Prior Copyright

With the rapid social and economic development,the growing complexity of disputes in intellectual property cases,trademark conflicts and Prior Copyright is also becoming more frequent.In order to coordinate the conflict between the trademark rights and the previous copyright,the legislation of our country has been regulated,but because it is too rough and the operability is poor,the existing solution mechanism is still not easy to be discussed in theory.In short,for the unregistered trademark,Chinese law,although the provisions of the Trademark Office can start the pre-examination process,the former copyright owner can also raise objections during the announcement period,but because China has not yet established a unified intellectual property administrative agencies,And the implementation of the entire network of intellectual property in the field of matching system,in the coordination of the conflict between the two issues,the effectiveness of the previous relief is limited;for registered trademarks,the former copyright owners want to seek the right to relief,according to China's trademark The provisions of the law shall be subject to the pre-procedure for the examination of the mark and,if the judgment is made against it,it may still be brought before the people's court.Thus,it is not difficult to analyze the dispute dispute for the review of the trademark,the existence of the Trademark Office and the court respectively approved the dual-track system of relief model.However,the drawbacks of this dual-track relief model are obvious.The existing dual-track solution mechanism is not only prone to contradictory referees,resulting in confusion in intellectual property enforcement,but also easily lead to a large number of administrative and judicial resources waste.In view of this,I believe that we need to re-examine the issue,so efficient,convenient and diversified to improve China's conflict resolution mechanism.On the basis of predecessors' research,this paper analyzes the causes of the conflict between the two,and analyzes the reasons of the conflict between the two,and analyzes the reasons of the conflict between the two.Related to the advanced legislative model,with a view to the conflict between the two more reasonable and diversified solution mechanism,and ultimately a reasonable allocation of rights and obligations,to achieve the interests of the interests of the balance.