Research On The Conflict Of The Right Of TV Program Title And The Trademark Right

With the arrival of knowledge economy,in the production and broadcasting of film and television works in China,due to the TV program title caused by trademark infringement disputes emerge in endlessly,the existing law is unable to provide a full range of TV program title protection,this kind of problem gradually become a major difficulty in the media and the law.The conflict between the right of TV program title and the trademark right has seriously damaged the enthusiasm of the original production party,it has weakened the goodwill of many commodities.At present,the solution to this dispute has not been reached at home and abroad.Therefore,we can only conduct a specific analysis of the case,carefully consider the actual situation of the parties in order to find a way to resolve.From the root of the analysis,the conflict between the two began in the economic benefits of the competition,in line with the principle of the development of the market economy,we can use the intellectual property rights transfer system to resolve the conflict,so as to effectively bridge the rights gap,making all sectors of the community to share the fruits of knowledge,finally realize the harmonious and win-win social effects.The first section introduces the social background of this conflict and proposes the corresponding research methods;The chapter? mainly discusses the major function and the protection mode of TV program title,having certain theoretical and practical significance;The chapter ? illustrates the common ways of this conflict;The chapter ? amplifies the dominant factors resulting in this conflict,then clarifies the substance of the right conflict from the source;The last chapter puts forward some feasible countermeasures for this conflict,which provides certain reference and enlightenment for the development of our intellectual property rights.