Study Of Intellectual Property Rights Conflict

Conflict of rights of Intellectual Property has been a focus in recent years of legislation and elisor in China. The thesis probed into home of correlative questions about conflict of rights of Intellectual Property and used research means of analyzing cases. The thesis composed of four parts,over 4,0000 words.The first part is the definition and representation and reasons of conflict of rights of Intellectual Property. Conflict of rights in Intellectual Property currently indicates conflict or collision which appears because of Intellectual Property and else legal civil rights or among Intellectual Propertys belonging to different right main body. Namely it is the law form that the same Intellectual Property object vest in many main bodies in a sense. Conflict of rights of Intellectual Property represents some aspects as follows:! conflict of the same type of rights; 2 conflict of different types of rights ; 3 conflict of domestic and overseas. There are three reasons of conflict of rights of Intellectual Property. One, Right of Intellectual Property itself is very special. 1-intangibility; 2.monopolization; S.regionalty; 4.timeliness; 5-duplicaty of object. Two, The multilevel and multiangle control and protect, which law put to Intellectual Property. Three, Driving of economy advantage.The second part is the basic theory and rules of settling conflict of rights of Intellectual Property. To study conflict of rights in Intellectual Property, we should have to study "prior right" first.Prior rights mainly indicate other's legal civil rights, such as name righu image right, and it also include some other Intellectual Property rights, such as copyright . appearance design right and firm name right. The question that the text study is conflict of rights in Intellectual Property, and the prior rights discussed are mainly prior legal Intellectual Property rights, such as trademark right. trade name righ. domain name right. appearance design right. copyright merchandising right, and so on. To deal with conflict of rights of Intellectual Property nether principle can be applied: 1 Principle of promise first. 2 Principle of protect formerly. 3 Principle of outdated be losed. 4 Principle of forbiding abuse of right. 5 Principle of cordiality and credit. 6 Principle of avoidingconfusion and mistaking. 7 Principle of considering synthetically.The third part is the conflict and settlement of all kinds of Intellectual Property. With regard to settling the conflict of trademark right and trade name right, we still should perist in several principles as follows: One, the principle of protecting prior right. Two, the principle of honesty and credit .Three, the principle of forbidding deceiving and misguiding public . Four, the principle of overcastting right.The fourth part is some revelations that the conflict of rights of Intellectual Property which is discussed in this text can give us for our country's Intellectual Property legislation and elisor. One, the urgent affairs is to improve the legislation of Intellectual Property.Two, the judgement department should work basing on principles as follows:! The principle of balancing rights.2 The principle of giving attention to advantages.SThe principle of country treatment .Three, strengthening consciousness of Intellectual Property and participating in of whole society together. To settle conflict of rights of Intellectual Property very well, several keys should be emphasized:One, the most important is to establish a concept of protecting rights equally.Two, the settlment of conflict of rights is a all-around action process of legal system.Three, we should think a lot of and emphasize function and meaning of legislation for settling conflict of rights much more.