商标权的本质及异化分析（The essence and alienation analysis of trademark right）.docVIP

商标权的本质及异化分析（The essence and alienation analysis of trademark right） The essence and alienation analysis of trademark right This article source: / Abstract: the essence of rights is to enjoy the special interest on legal force. The special interests and legal force is not only the right classification standard and the basis of law is a specific interests of rights, the specific design of the system should consider the two core elements. Trademark rights as private rights, protection of the interests is goodwill, and trademark right object. The trademark is between specific identification and specific commodity, and not to a specific identity itself. The current China trademark law in the specific design of the system of trademark rights, the nature of trademark right of alienation in different degrees. Key words: the essence of right; special interests; private right; trademark right Mana; essence; alienation Preface Chinese trademark law is currently in the third revision, the debate is fierce, there are a lot of differences. Some of these arguments is to solve the existing trademark law in the field of some abnormal phenomena, such as the sale of trademarks, trademark registration problem etc.. Some arguments involving trademark rights itself, for example, the source of trademark trademark rights attribute and so on. This article from the nature of manpower rights, to the essence of rights theory as the basis, to explore the nature of trademark rights, in order to improve the design of the system Chinese current trademark law of trademark right. Nature of rights The famous German jurist Andre?? who said: the central concept of rights in private law, and the diversity of legal life finally abstraction. 1 in view of the importance of the right nature, people spend a lot of effort is devoted to exploring the right. The essence of rights, there are three kinds of theories in history, namely the mean, interests and power. According to the meaning of interest and power,