论著作权与商标权冲突的协调机制

On the Conflict and Settling between Priority Copyright and Brand Right

商标权侵犯在先著作权是知识产权权利冲突的一种。大多数国家采用尊重在先权利原则、权利丧失原则、利益平衡原则来协调著作权与商标权的冲突。虽然我国针对著作权和商标权的冲突建立了相应的协调机制,但为了维护当事人之间的利益平衡,仍需对在先著作权人停止侵权的请求权——撤销权进行限制。

Brand impinging priority copyright is one of the conflicts in intellectual property. In major countries, some mechanism are used to settle this conflict, such as deferring to the priority right, loss of right, and balance of benefits. China has also established a series of legal rules to deal with it. However, through trialing practice, we realize that copyright holder＇s claim still needs to be restricted. To deal with the conflict between priority copyright and brand right, we may also consider the other two factors： if the infringer and the copyright holder have good faith.