商标权与商号权的偶合性冲突及其解决

知识产权的权利冲突已成为一个寻常现象,其中的商标权与商号权的冲突纠纷则更为普遍。然而,在愈演愈烈的商标权与商号权的权利冲突纠纷中,有一类偶合性的权利冲突应引起学界和司法实务界的广泛关注与重视,即案件中权利冲突的原因并不出自原被告双方主体,即原被告双方主观上并没有混淆的故意,而是由于客观上我国商号和商标登记管理制度的不完善而引发的权利冲突。我国地域辽阔,行政区域众多,商事登记的条块管理制度存在弊端。究竟应如何妥善处理此类偶合性的权利冲突纠纷,保护在先权利原则等处理知识产权冲突的基本原则能否适用于此类纠纷,这些问题都是值得研究的。

A Perspective of the Fortuitous Conflicts between Trademark Rights and Trade Name Rights and Its Solutions

The conflicts among intellectual property rights have been a common phenomenon,within which conflicts between the trademark rights and trade name rights are becoming more widespread.However,with the intensification of conflicts between the rights of trademark and trade name,a wide range of academic and judicial practitioners are becoming increasingly concerned with,and increasing their attention toward,a certain type of fortuitous conflict.Such instances of conflicting rights are not caused by plaintiffs or defendants,as both plaintiffs and defendants are not intentionally trying to cause confusion in subject;rather,such conflicting rights arise as a result of an objective and imperfect national trade name rights and trademark rights registration management system.China is a vast country with numerous administrative divisions,and there exists some flaws in the business registration management system.How to handle these types of fortuitous conflicts properly and whether it is appropriate to apply these basic principles of managing conflicts such as the principle of protecting priority rights to these fortuitous conflicts are worthy of engaging in more in-depth study and analysis.