立体商标保护之探析——以体系化的保护制度为视角.docVIP

立体商标保护之探析——以体系化的保护制度为视角 （硕士论文摘要） 近，科技的迅展，受到，尤其在商方面，Research on Protection of The Three-Dimension Trademark—From The Perspective of Systematic Protection (Abstract of Master Thesis) During the recent few years, intellectual property right has gotten the unprecedented attention and become one of the hottest issues in the legal professional field with the rapid development of technology and the significant increase of international trade. Especially in the aspect of trademark system, the gradually increased trademark infringement and the appearance of large amount of non-traditional trademarks leads to the all time discussion upon trademark system. Since the stipulation of trademark law in China started late, compared with other developed county, including the immaturity of judicial practice in this area, a lot of issues on the regulations and practice are worth being discussed and clarified. The main purpose of this essay is to complete a comparatively systematical research on system of protection for three-dimension trademark, which might be helpful in the process of the revision of the trademark law. As one of the non-traditional trademarks, the three-dimension trademark has the special requirements different from the plane trademark on the purpose of protection, the elements of protection, the registration examination and the relation between the relevant rights existing on the three-dimension logo and the three-dimension trademark. As the reasons mentioned above, the research encompasses the legal basis of three-dimension trademark protection (which includes the scope of protection, the classification of three-dimension trademark and the relation between three-dimension trademark and commercial appearance), the longitudinal protection of three-dimension trademark( which includes the static protection system and the dynamic protection practice), the horizontal protection( which includes the crisscross protection among three-dimension trademark, prior right, industr