The Research Of Trademark Right, Trade Name Right And Domain Name Right Conflicts And Countermeasures

The commercial marking right including trademarks, trade name right, right of domain name to distinguish the goods and services for the purpose of based on commercial mark and rights in accordance with the law. The" three rights" of the history of different, trademark history can be traced back to the ancient society, but" trademark " concept is a product of the development of modern commodity economy. In modern history, the earliest English through case law in the form of the protection of trademarks. With the development of the industrial revolution, the capitalist countries through the trademark legislation in the form of the protection of trademarks, and trademark right into the category of industrial property. During the Ming and Qing Dynasties of China, has been on the trademark protection of the law, but no modern sense of trademark" concept, according to the test data, the " trademark" word first appeared in1902in Britain" continued discussion about commerce and navigation treaty". Trade name right belongs to the" Paris Convention for the protection of industrial property" as defined by category, after registration in accordance with the law and made a firm, protected by law. China’s law on the right of trade name not clear, but the "general principles of civil law" of the enterprise name right protection have specific provisions. Trade name right has personal rights attribute, and the specific commercial personality and identity in close contact, and qualification with the same arc. Trade name right has property right attribute. Firm in the same administrative divisions within the same business scope is exclusive and special. Trade name right may lawfully to use its trade name, have the right to prohibit others repeat registration or unauthorized misuse, misappropriation of its trade name, also have the right to infringe their right of firm behavior filed an action for damages. On right of business name may transfer, licensing or for mortgage. Domain name right is based on the virtual network in the world and the right of trademark, and compared with the simple way, form, application fields, the registration system of loose, using geographical differences and global unique characteristics. The" three rights" appear at different times, have different reasons, the scope of rights are also different.Enter new century, our country trademark and trade name and domain name conflict in reality happens time and again, not only in the field of intellectual property rights is the focus of a legal problem, it is a serious social and economic problems. Theory for trademark right and trade name right and domain name right of many, but in the real economic life and judicial practice still appear many problems. Its reason is many sided, both " three rights" have be congenitally deficient, we also have acquired protection measures of fatigue.Based on the above analysis, this paper has the following, except the introduction and conclusion, is divided into four parts.The first part is the trademark, trade name right and domain name right of. From the" three rights" of the historical origin of the right of trademark, trade name, and right and domain name right to compare, summed up the relationship and difference between them.The second part is the trademark, trade name right and domain name right conflict and its causes. First, clearly the rights conflict concept, and the trademark right and trade name right conflict reason analyzes. Secondly, to the right of trademark and domain name right conflict concept and forms were defined, and explore the two conflict. Again, comparing the right of trade name and the domain name right conflict, and find out the reasons of conflict. Finally, from the protection of our national industry, to safeguard fair competition in the market and foreign economic exchanges between the three aspects of the" three rights" of conflict legal regulation.The third part, discusses the foreign address trademark, trade name right and domain name right conflict of legislation and practice. Separately from the international treaty, the Anglo-American and continental law system in the legislation and practice were compared, and summarize the foreign address" three rights" conflict practice and reference.The fourth part, discussed our country trademark, trade name right and domain name right conflict of legislation and practice. The first analysis of China’s" three rights" of the legislative defects of conflict. And put forward to solve the" three rights" principles of conflict, both first rights principle, prohibit confusion principle, the principle of reasonable use, special protection principle and the principle of honesty and credit. It is guidance with this, put forward to solve our country trademark, trade name right and domain name right conflict of specific countermeasures.