A Study On The Conflict Between Trademark Right And Prior Copyright

The "National Innovation-Driven Development Strategy",published in May 2016,clearly put forward to implement the intellectual property,standards,quality and brand strategy.The "13th Five-Year Plan" further stressed: "implement the strategy of strengthening the quality of power,and comprehensively strengthen the quality of enterprise management,carry out quality brand promotion action,solve a number of key common technical problems which affect the improvement of product quality,strengthen the legal protection of trademark brands,build a number of competitive well-known brands."For the realization of the leading action of the brand,promoting the supply structure and demand structure upgrade,all regions actively promote the trademark strategy.In 2016,the number of China's trademark applications up to 3 million,however,the large number does not mean the increase of the quality.A large number of malicious trademark rush registration behavior hide behind the huge application,rush registration trademarks such as "007 Bond","Chu Liu Xiang","ipad",etc,can be seen everywhere.The actual obligee of the trademark object cannot effectively combat rush registration behavior and protect their legitimate rights and interests in accordance with the rules within the framework of the trademark system.They were forced to turn the appeal to the copyright area,achieve the purpose of trademark protection by advocating the prior copyright.However,this practice exacerbates the conflict between the trademark right and the prior copyright.The paper,firstly,contrasts and analyzes the basic content and the difference between the trademark right and the prior copyright in theory level,based on the perspective of solving the conflict between trademark right and prior copyright in the case of ensuring trademark right.And summarize the causes of the conflict of rights mainly from the expansion of intellectual property rights,the rise of intellectual property owner's interest consciousness and the defects of intellectual property system design.Secondly,the paper investigates the current situation of dealing with the conflict between trademark right and prior copyright in the case of ensuring trademark right in our country.Many scholars believe that one party is allowed to exclude the trademark right of the other party by advocating prior copyright in the ensured trademark right cases,which causes the subversive destruction of the basic system of "Trademark Law",such as regionalism,timeliness,ordinary registered trademarks obtain the right to forbid in the same similar goods,etc.And it does not meet the requirements of the value of social efficiency of the intellectual property system.Finally,the paper makes suggestions for improving coordination of conflicts: on the basis of correctly understanding the "super well-known trademarks",on the one hand,improve the principle of protecting prior rights,and resolutely fight against malicious infringement of others' prior copyright.However,appropriately limit the copyright to stop the right of claim in the case of the trademark owners' goodwill,replaced by reasonable economic compensation.On the other hand,step up efforts to fight against malicious trademark rush registration behavior,fundamentally curb the trend that the trademark seeks protection from copyright.