Journal of Jishou University(Social Sciences) ›› 2006, Vol. 27 ›› Issue (6): 128-132.

• Law • Previous Articles     Next Articles

On the Conflict between Right of Trademark and Priority Copyright

  

  1. (Law School,Jishou University,Jishou Hunan 416000,China)
  • Online:2006-11-15 Published:2012-06-20

Abstract: The conflict between the right of trademark and priority copyright is one of the conflicts between intellectual properties.In solving the conflict,China follows two principles,i.e.the principle of protecting the front right and the principle of right lost.However,in these mechanisms there is some lack in balancing interest and benefit.To solve these shortcomings,compulsory license and priority of payment by trademark should be taken.

Key words: right of trademark, priority copyright, conflict, principle, coordinating mechanism

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