Research On The Concurrence Of Trademark Right And Design Right

Trademark right and design patent is the most common form of the concurrenceof rights in the concurrence of intellectual property rights. One of the main reasonsof the concurrence of rights is the defect of the administrative licensing authoritycensorship. At the same time, there are two kinds of rights on the same object lead tothe contradictions of the exercise of rights and the distribution of benefits. Therefore,How should correctly understand and coordinate the problem of concurrence oftrademark and design patent has become the hot problem of theory and legal practicein our country. Through the analysis of specific cases, summed up many of theproblems when authority dealing with the concurrence of trademark right and designpatent in the practice, and put forward the suggestion to solve the concurrence oftrademark right and design patent, in order to solve this problem provide a littlereference.The article takes the progressive type of writing technique, first of all, in thispaper, by introducing a case, find out the problems exist in the case, and dispersionin a chapter to do research on the problems. Secondly, the article will be putcompetition and cooperation of trademark rights and design patent to distinguish,which provides the prerequisite for the infringement, namely under the premise ofthe concurrence of compatibility. because the main two rights to belong to the sameperson at the time of application for the right, and he dose not infringe the rights ofothers, so the two kinds of rights are substantial legally obtained and can not beidentified as an infringement; In the case of incompatibility of competing, becauseobtaining of the rights in the latter is violated on the basis of prior rights of others.The obtain behavior of their rights is essentially a form of legitimate (essentiallyillegal) behavior, therefore it should be recognized as an infringement of the rights ofprior rights. This part of content is the innovation points of this article. Finally,through the analysis of the above content, the different types of the concurrence of trademark rights and design patent apply to different solutions, in order to fill thedeficiency of the principle of prior rights protection, and provide a feasible solutionin the processing of similar cases.