Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law

Conflicts Between a Trade Name and a Trademark

Author LaiWenPing
Tutor JiangPing
School China University of Political Science
Course Civil and Commercial Law
Keywords Business Name Registered trademarks Current law Enterprise Name Registration Civil law Motivation and purpose Administrative interpretation Trademark law Case Analysis Study
CLC D923.43
Type PhD thesis
Year 2000
Downloads 931
Quotes 5
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This dissertation is divided into chapters, starting from the Origin of Law, then followed by the definition of trade names, and the conflicts between trade names and trademarks based on the current legal system China and Taiwan. An analysis of the way each legal system addresses these conflicts will then be undertaken. Finally it ends up with a case study to show the differences between the two legal systems when faced with this issue. The chapters are as follows:Chapter I: IntroductionExplain the motive, purpose, method, range and structure of this research and dissertation.Chapter II: The Origin of the LawIntroduce the meaning of the Origin of the Law?by reference to constitutions, international treaties, national laws, administrative regulations, and rules, administrative explanations, and Judicial explanations.Chapter III: The Protection of the Trade NameClarif~?the idea of a rade Name? to analyze the points that China has for the registration of a trade name, and its protection principles in order to know the key to the conflicts that occur between a trade name and a trademark.Chapter IV: The Conflict between an earlier Trade Name and a later Trademark ?Focusing on the Legal System of ChinaExplain the applicable regulations about how the other countries have solved the problem when conflicts occur between the trade name, registered first, and the trademark registered later. Further to analyze the applicable regulations and to evaluate the advantages and disadvantages of the current laws, through case examples.Chapter V: The Conflict between an earlier Trademark and a later Trade Name ?Focusing on the Legal System of ChinaAn analysis of when a trademark registered first has conflicted with a trade name registered later based on the rademark Law? nfair Competition Law? anagement Rules for Trade Name Registration?of China as well as other laws for protection and dealing with conflicts. This is assisted with case examples in order to know the advantages and disadvantages of the current practices.Chapter VI: The Conflict between an earlier Trademark and a later Trade Name ?Focusing on the Legal System of TaiwanIntroduce how the current legal system of Taiwan has solved such problemseforly and give a furthr analysis about the tws and disadVantages of Anslegal system. ttis is achieved an evaluation by case examPles of When a tradeInarregistered fir4 confliCt with a trade name regiSterd later, in oule to know thePraCcal effects in Tawan.An analyss of the PAnciPles and concePts involved in solving the conflicts betWeetrad names and tradeInarks, to PrOvide suggestions for new legislation fOr China as aconclusiorLThs doctOral thesis will be submited at China UniVersty of Politic Science and LawrorJ.S.D. ~’

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