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The Conflict And Regulation Between Trademark Right And Name Right

Posted on:2021-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y X YangFull Text:PDF
GTID:2416330611457628Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the rapid development of economy,the commercialization is becoming more and more serious,the nature of name is becoming more and more beneficial,and the property value of name right is gradually emerging,especially the name of public figures.At present,more and more enterprises rush to register the same or similar names as famous people as trademarks,and use this "free riding" behavior to improve the social exposure of enterprises or their products and services,and constantly violate the rights of public figures,which leads to the continuous public discussion on this issue.Under the legal framework of our country,the fight against the act of rushing to register the names and trademarks of celebrities is relatively lagging behind.At present,it is mainly regulated by the article 10 "adverse effects" and Article 32 "prior rights" of the Trademark Law of the People's Republic of China revised in 2019.The subject of rights protected by "bad clauses" is controversial,but the trademark law does not make clear what rights belong to the prior rights,which is more general.Based on the "Jordan case",this paper makes a comparative analysis between the "Jordan case" and other typical cases,combines the focus of controversy in each case with the judge's judgment ideas,and deeply studies the important issues of the conflict between the name right and the trademark right under the legal framework of intellectual property rights.First of all,the precondition of protecting the right of name in trademark law should be clarified,including that the right of name should have property interests and that "popularity" is not an inevitable condition in determining whether the right of name is enjoyed;secondly,the constituent elements of the right of prior name should be clarified,and the subjective malice should play an important role in determining whether the right of name is damaged Finally,the conflict between the right of name and the right of trademark should be dealt with.The focus is to strictly grasp the principle of good faith and the principle of balance of interests.The principle of good faith is used to regulate the market of trademark registration.The principle of balance of interests enables the judicial organs to take into account each other when solving such problems In the interests of the party's obligees,a fair judgment more in line with the value objectives shall be made.At the same time,it is necessary to improve the current law,refine the contents of Article 10 and 32 of the trademark law,and carefully apply the "adverse effect" clause,so that the injured obligee can get relief according to the clear legal provisions,and at the same time,it can more effectively regulate the trademark registration market,and effectively deal with the conflict between the two rights.
Keywords/Search Tags:trademark right, name right, prior right, right conflict
PDF Full Text Request
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