The study on the application of trademark trade dress:center on the intellectual right of the constitution

• Main Author: 何秉玲
• Other Authors: 黃俊杰
• Format: Others
• Language: zh-TW
• Published: 2000
• Online Access: http://ndltd.ncl.edu.tw/handle/16976174251815165084

碩士 === 中原大學 === 財經法律學系 === 88 === Chapter 1 Introduction This chapter includes three parts, firstly the research motive of this thesis, the metion of the problems and the illustration of the research range. Though the direction of the trademark renovation drafts and the regulations of the articles were generally determined and accomplished, the characters of some small parts are often being mended due to the continuously convoked public hearings and the considerations and the suggestions of the interior members. And yet, there is no appearance of the formal and decided article contents. In order to avoid the appearances of the conflicts of this text’s discussing contents and inconsistent conditions, this text’s discussion focuses on the sixth mended draft and the related contents of public hearings. Chapter 2 The constitutional base and application---to protect the intellectual property right of the proper trade order This chapter is divided into four sections. The first chapter aims at the intellectual property right of the protective proper trade order, and at the clarification and the discussion on the different characteristics and ranges of the intellectual property right concerning with other regulated purposes. The second one discusses generally on the conception, the ranges and the characteristics of the whole intellectual property right protection. The third one, besides the discussion on the connection between the intellectual property right and the human right protection of the constitutional basis, chooses the category on the protections of the intellectual property right of the proper trade order, discusses on the attributions of the trademark right on the property right and on the protective purposes and missions of the proper trade order. The trademark law focuses on these double protections which have relatively harmony regulations. Additionally, this part aims directly to have a research to know how the trademark law protects the personality right of the trademark subject, and discusses the trademark user’s protection of the personality right on the meaning and the status of the trademark law. The Fourth one, according to the national basic policies, discusses on the related regulations of the intellectual property right’s institution, and inducts that the economical constitution and the cultural constitution standardize the intellectual property right. Therefore, to protect the intellectual right of the proper trade order is also belonging to the factual practice of the related purposes and contents which are instituted by the national basic polices. Chapter 3 The discussion on the protection from the constitution to the intellectual property right’s object in point of the applicable range of trademark and trade dress This chapter bases on the second chapter to discuss the object-s category of the trademarks in trademark law and the trade dress in the fair trade law, must uphold the standardized purposes of the intellectual property right that are in proper trade order, and bases on the status which will not make the consumers confused in the markets. Hence, this chapter discussed that the correctness or the incorrectness of the object s category belonging to the actual trademark protection, that if refers to the category of symbols* protection, that to bring the parts belonging to the object range of the symbols* protection into the object range of the trademarks in trademark law. In the meanwhile, this chapter aims to analyze and comment on the trademark renovation draft that rectifies the object range of trademarks. Chapter 4 The discussion on the protection from the constitution to the intellectual property right’s object in point of the applicable range of the user’s trademark and trade dress Firstly, this chapter discusses the subject protection of the trademark application enrollment supported by the trademark law, the different purposes of the subject protection that does not yet apply enrollment in accordance with the first item and the eleventh item of the thirty-first article in the trademark law, and discusses the properness of the trademark personality right protection in the trademark law on the base which is interpreted through the grand judges’ No.486 interpretation, and discusses the conflicts that trademark law deals with the subject of the non-applicant enrollment and the conflicts of personality right regulations. Chapter 3 Conclusion To describe briefly the important points of the above chapters’ mention, and the viewpoints of this text.