Research On Ancetedent Rights In Conflict With Brand Right

In recent years, cases come from conflicting among antecedent rights and brand right occur frequently, and new situations and problems emerge in endlessly. Comparing with rapid social development, our legislation against that lags obviously, which makes difficult to execute the laws and protect legal rights. Then, some problems naturally bring about, such as what kinds of rights can become antecedent rights, what are the preconditions of antecedent rights, and whether the antecedent rights can be improved by legislations. On the current theory researches, studies about some antecedent right come into conflict with brand right, for example, trade name right and brand right, corporation name and brand right, have carried out. However, in judicial practice, whether a right is the antecedent of brand right is always dealt by case circumstances, which frequently bring about extensive disputes and receive diverse results arising from different law-officers. In other countries, although protections against antecedent rights are distinct and strict, shortages of legislations to them, especially in Anglo-American lexnon scripta countries consequentially make judicial practices fall into confusion. To sum up, it is very pressing to study antecedent rights.On the basis of comparative analyses in worldwide legislations and judicial practices, the actual situations and existent problems of antecedent right in our country are set forth, and some unique views and advices are put forward in this dissertation. Concrete researches in the dissertation include four parts. In part one, recapitulative description about conception and characteristics of antecedent right, and expositions about antecedent right in external law and its protection, are accomplished. In part two, by comparisons of worldwide legislations and researches to antecedent rights, shortages of the two sides in our country are brought forward. In part three, on the basis of analyses one by one to the disputable or distinct antecedent rights in worldwide, the actualities and existent problems are pointed out, which is one keystone of the dissertation and is demonstrated with a lot of cases. In part four, according to existent problems, detail tentative ideas and advices are set up. Main performances in the dissertation differed for other researches are as follows:(1) Research thought is very specific. The research view is what kinds of rights will become antecedent rights of brand right, in other words, is to study possible kinds of antecedent rights. Other researches to antecedent right mostly aim at some disputable or a few of kinds.(2) By discussing possible antecedent rights, some detail legislation advices are put forward, which obviously differs from other relative researches.(3) Research goal is distinct, by comparative analyses, ascertaining the conditions for antecedent rights, and regulating by legislations, to guide judicial practices.Because the antecedent right is an open system, its kinds and contents will develop with social development. Considering this objective situation, the performances of this dissertation just are staggered summarization. With the judicial practice supporting, some new rights resulting from renascence affairs will be the antecedent rights of brand right. For example, before internet emerges, nobody would conceive that domain name could be antecedent rights. Therefore, the subject needs to innovate continuously.