Trademark And Other Rights, Conflict And Integration

Nowadays, conflict of rights is becoming more and more prevalent. While, intangible assets are apt to be subject to intercross and conflicts in that it can be held, made use of and benefited by different subjects. It is the internal reasons that trademark rights and other rights related to marks have same objects. Rights which could conflict with trademark right mainly include right to trade name, rights of special name, packaging or ornament of well-known merchandise, personal rights related to marks, geographical indication, industrial design patent, copyright, domain name, name of newspapers or periodicals and rights of other names etc. Those are external reasons that concurrent stipulation of different laws (on some certain rights), shortcomings and conflicts of laws themselves and making use of legal rights in evil.The internal reason, which is the certain result, is inevitable and insuperable, and so, these principles and methods to resolve the conflicts must to be found mainly from those external reasons. The principles that will be used to solve the conflicts should be prohibiting getting right with bad faith, priority for prior rights and protecting well-known trademark specially. In another word, the abovementioned is just the order that should be followed while resolving such conflicts.Furthermore, the aforementioned principles should be realized in the specific phase such as legislation, enforcement of laws and justice. As for the measures in phase of legislation, it includes determining the limitation of rights, perfecting searching system of object of rights, confirming the legal principle of resolving conflicts etc. As for the measures in phase of remedy, it includes confirmed rights by relevant authorities, opposition procedure, interested person's application to relevant authorities for protection, as well as lawsuit arbitration etc. The thesis will analyze and study such conflicts by means of analyzing case and legal reasoning, in order to find out the ways by which the conflicts and contradictions will be resolved.