Research On The Status Quo Of The Conflict Between Trademark Right And Prior Copyright And The Improvement Of Legal System

Article 32 of the current "Trademark Law" briefly stipulates the conflict between trademark rights and prior copyrights: "Applying for trademark registration shall not prejudice the existing prior rights of others,nor shall it be pre-registered by improper means that others have used and have a certain impact.trademark".At the same time,the "Trademark Law" makes relevant provisions on relief channels,but such provisions are relatively independent and cannot fundamentally resolve conflicts between trademark rights and prior copyrights.This article strives to sort out the legal system for conflict resolution and seek efficient and fair legal solutions.way.Because there is no general rule in China’s intellectual property legal system,each individual law has its own system and cannot avoid conflicts between various types of intellectual property rights.At the same time,there are provisions for cross protection when resolving conflicts between trademark rights and prior copyrights.By combing the related concepts and basic types of conflicts between trademark rights and prior copyrights,this article discusses the criteria for determining conflicts,and uses the current legal system as a starting point to summarize the characteristics and advantages and disadvantages of international conventions and foreign related legal systems,and to look for foreign legal systems For the reference significance of conflict resolution between trademark rights and prior copyrights in China,perfect the legal system for conflict resolution.Conflicts will only be considered for works that have already been previously copyrighted by others.Judgment on whether the works in the copyright are used to determine whether a conflict has occurred,and permission and exceeding the copyright protection period can be used as a reason for legal and reasonable use of prior copyright.The existing problems are vague basic principles,failure to balance multiple values,lack of clear regulations and chaotic management models,resulting in inevitable conflicts between trademark rights and prior copyrights and no efficient and fair legal solution.Through sorting out and analyzing the basic concepts and legal systems,suggestions for improving the legal system are proposed from the aspects of basic principles,legal provisions,and management models.In the process of perfecting the legal system,this article takes the macro perspective of the intellectual property law system and the balance between personal and social interests as the starting point.It not only considers the specificity and operability of the legal basis,but also fully considers the impartiality and Efficiency,put forward perfect suggestions from two aspects of solution and source governance.