Why is trademark law a civil law? Whether intellectual property law is civil law or commercial law

As we know, intellectual property law regulates the general term of legal norms with specific property relations and personal relations arising from the expression of knowledge between equal subjects. The civil law regulates the legal norms of specific social relations arising from property relations and personal relations between equal civil subjects. The social relations regulated by the intellectual property law are really included in the social relations regulated by the civil law, and its extension is smaller than the scope of the adjustment of the civil law.

The relationship between intellectual property law and civil law is as follows:

1. The relationship between the whole and the parts. In philosophy, the whole and the part are a pair of philosophical categories that mark the separability and unity of objective things. The whole is the organic unity of the elements that make up things, and the parts are some or some elements of the whole. The whole is the organic system of the parts.

1. Collection. The various parts in the collection are connected and interact with each other in a certain structural form, so that the whole of things has some new properties and laws. As a sub-legal department, intellectual property law is integrated into civil law, together with property law, debt law, tort law, and family law.

At the same time, intellectual property law is a sub-legal department, and some of its legal norms are influenced by civil law. Sometimes, when there are legal loopholes in the IP law itself, it may be possible to refer to the norms and principles of the civil law. For example, the question of whether subjective fault is a constitutive element of infringement of intellectual property rights is not clearly stipulated in the Intellectual Property Law.

However, by analogy, intellectual property rights are similar to property rights because of their exclusivity, and the infringement of certain property rights does not require subjective fault, and the owner of the property right can request the innocent party to return the property and stop the infringement, but there may be no damages. When these basic principles of property law are applied to the infringement of intellectual property rights, the problem may be simplified. It can be seen that intellectual property law, together with tort law, debt law, property law, etc., organically constitutes a part of civil law.

Therefore, intellectual property law and civil law are the relationship between the whole and the parts.

2. The relationship between the ordinary and the special. When analyzing the ordinary and the particular, the concept of "singularity" should be introduced. Singularity refers to things that are definite and finite in space and time, and are the prescriptiveness of the quality and quantity unique to things.

Universality reflects the dependence and unity between things, and is a common attribute in a certain type of thing. The special is the universal in several single phenomena, which has the dual attributes of single and universal, and is the intermediary link between the interconnection and transformation of the single and the universal. If a single legal norm of intellectual property, such as trademark law, copyright law, and patent law, belongs to a single category, then these single legal norms organically constitute a special law such as intellectual property law because of their common attributes, but this special law is relative to the common law, and the common law here is the civil law.

Because intellectual property law, property law, debt law, tort law, and family law together organically constitute civil law due to the common characteristics of private law, civil law is a special law compared with intellectual property law.

Civil law is designed to regulate all civil subjects, commercial law only regulates commercial subjects, intellectual property rights are not limited to commercial subjects, as long as they are civil subjects are entitled to enjoy, and trademark law belongs to a category of intellectual property rights, so it belongs to civil law.

Legal analysis: 1. From the perspective of the ownership of the legal department, intellectual property law still belongs to the civil law and is a special law of the civil law. 2. Most of the basic principles, systems and legal norms of civil law are applicable to intellectual property rights, and the public law norms and procedural law norms in intellectual property law are all for the recognition and protection of intellectual property rights as a private right, and do not dominate.

Legal basis: Article 57 of the Trademark Law of the People's Republic of China stipulates that any of the following acts shall be deemed to infringe the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) Intentionally facilitating the infringement of the exclusive right to use the trademark of others, and helping others to carry out the infringement of the exclusive right to use the trademark; (7) Causing other damage to the exclusive right to use a registered trademark to others.

Trademark right is the abbreviation of the exclusive right to use a trademark, which refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark by national law in accordance with the law. Trademark right is a legal right, generally speaking, if you have a trademark, you have a trademark right. Trademark rights, on the other hand, belong to the category of intellectual property rights.

Is a trademark right a legal right?

Trademark right is the abbreviation of the exclusive right to use a trademark, which refers to the exclusive right granted by the trademark authority to the owner of the commercial trademark in accordance with the law. Trademark right is a legal right, and if you have a trademark, you have a trademark right. Trademark rights, on the other hand, belong to the category of intellectual property rights.

Trademarks registered under the Trademark Law of the People's Republic of China or Article 3 of the Trademark Office are registered trademarks, including commodity trademarks, service trademarks and collective trademarks, certification trademarks, and trademark registrants enjoy the exclusive right to use trademarks, and are protected by law. For the purposes of this Law, the term "collective mark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

The Civil Code stipulates that trademark infringement is the use of a trademark similar to its registered trademark on the same goods without the knowledge of the trademark registrant, and the use of a trademark identical to the registered trademark on the same goods without the permission of the trademark registrant; or the use of trademarks identical or similar to those registered trademarks on similar goods, which is easy to lead to confusion among Wang Liang.

Legal basis] Article 60 of the Trademark Law.

If there is any infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, the trademark registrant or interested party may file a lawsuit with the people's court, and Duan Zheng may also request the administrative department for industry and commerce to handle the matter.

Civil and commercial law includes both civil law and commercial law. However, civil law includes marriage law, property law, debt law, inheritance law, tort law, intellectual property law, etc.; Commercial law includes company law, enterprise law, insurance law, maritime law, bankruptcy law, negotiable instrument law, etc. The law stipulates that:

In accordance with Article 1 of the Civil Code, which came into effect on January 1, 2021, this Law is formulated in accordance with the Constitution in order to protect the lawful rights and interests of civil entities, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote the core values of socialism. Article 2 of the Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects. Article 3 of the Civil Code provides that the personal rights, property rights and other lawful rights and interests of civil subjects shall be protected by law and shall not be infringed upon by any organization or individual.

Article 1 of the Civil Code of the People's Republic of China is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values. Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects. Article 3 of the Civil Code of the People's Republic of China provides that the personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual.