| Taking"Champselysees"case as a example, the writer puts forward gradually the basic form of the conflict between the building's geographical name right and estate trademark, and analyses related rights under the conflict, and finally sums up the measures and principles to solve this conflict. In the first part of this thesis, it makes a short law analysis on"Champselysees"case and affirms the two parties'rights on their conflict. Besides, it sums up the two rights that one is exclusive right, and another one is the use right of building's geographical name on this case, which is the point of conflict between the building's geographical name right and estate trademark. In the second part, it defines and explains the exclusive right and the application right of applicant of building's geographical name right. Furthermore, compared with the difference and contact of the exclusive right and the application right of applicant of building's geographical name right., the writer aims to divide the two sides clearly and finds the connection. On the basis of learning the nature of right, it begins to discuss the reason of conflict between the two parties from internal and external point of view in order to get the point that is on the loss of law system, the nature of right and the overlap of right'effect. The next, it discuss that it is necessary to solve the conflict between the building's geographical name right and estate trademark in term of the enterprises, market and law system. In the fifth part, it arguments current situation and obvious questions on the conflict between the building's geographical name right and estate trademark.. On the other hand, it still analyses what is right conflict and rights infringement, and put forward five principles right to solve the conflict between the building's geographical name right and estate trademark. At the end of thesis, the writer puts forward a few suggestions on prevention this conflict. That is all about this thesis. |
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