analysis of the nature of trademark rights and alienation（分析商标权和异化的本质）.doc

Analysis of the nature of trademark rights and alienation Abstract: the nature of the right to enjoy the specific interests of the legal power of “particular interest” and “legal force” is not only the right classification standard and the basis of the law of the rights of a particular interest, specific system design two core elements that should be considered. trademark rights as private rights, the protection of the interests of goodwill and trademark rights object. trademarks are the link between the particular identification with a particular commodity, rather than the specific identity. Chinese the current lt;lt; Trademark Law “in specific institutional design of the trademark, the trademark of the above essentially different degree of alienation. Keywords: right to the nature of the particular interests, Mana; private rights, trademark rights, essentially, alienation Foreword lt;lt; Trademark Law gt;gt; ongoing third revision, the argument is quite intense, quite a lot of differences also some controversy for the current trademark law exists in the field of some abnormal phenomena, such as the abusive registration of trademarks, trademarks, trading issues. Some controversy relates to the trademark right itself, such as the source of trademark rights, trademark rights attributes from the right to the essence of manpower, said to pass to the right to the essence of the basis to explore the nature of trademark rights to the other hand, China’s current lt; lt;Trademark Law gt;gt; the trademark system design. First, the nature of the rights Famous German jurist Andrea von Tours, said: “The central concept of the rights of the Department of Private Law, and for the diversity of legal life last abstraction.” [1] In view of the importance of the right, people spend a lot of effort committed in exploring the nature of the rights on the nature of the rights, the history of the three theories, saying, interests and mana. mana combined mean that sai