浅谈版权与商标权的冲突及解决策略

An Elementary Discussion on the Conflict between Copyrights and Trademark Law and Its Settlement Strategy

本文以“武松打虎图”版权纠纷一案为线索,借鉴国外相关立法,探讨了版权与商标权的冲突中版权人与商标权人权利转让中权利变化以及由于转让所带来的对双方权利人权利的限制等有关问题。

With the dispute of copyright of the picture ″Wusong: killer of tiger″ as the lead, the article uses the legislation on the issue in foreign countries as reference and discusses the following issues of conflicts between copyrights and the trademark law: the shift of the right in the interest transfer of the copyright and the interest of the trademark owner: the restriction on the rights of both parties brought by the transfer.