The right of prior use refers to the right that someone has made the necessary preparations for manufacturing or using before applying for a patent. After the applicant’s patent rights are approved, the above-mentioned person can still continue to manufacture or use within the original scope. . Internationally, "right of prior use" is generally regarded as one of the patent situations that cannot be considered as infringement.
Prior use right: According to the provisions of China’s Trademark Law, trademark registration is subject to the principle of voluntariness. Therefore, registered trademarks and unregistered trademarks arise in real economic life. The current Trademark Law only treats trademarks from a management perspective. Unregistered trademarks are adjusted. The protection of unregistered trademarks is mainly reflected in Article 31 of the Trademark Law, which prohibits squatting. However, once the squatting is successful, can the squatter request the prior user of the trademark to stop using it or Damages were left unanswered.
Extended information:
Article 25 of the "Trademark Law" stipulates that if a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark shall be used for the first time since that time. Within 6 months from the date of product display, the applicant for registration of the trademark can enjoy priority.
Definition of prior trademark use rights
The significance of establishing a trademark prior use right system is concentrated in making up for the shortcomings of the first-to-file principle and the registration principle. Specifically, they include:
1. Protect fair competition, balance the interests of trademark registrants and prior users, and avoid unfair consequences for prior users.
2. In terms of preventing squatting, the trademark prior use right system gives the prior user the right to continue to use the trademark, and the squatter "registers the trademark." At the same time, for the prior user of the trademark Gain time by initiating improper registration cancellation procedures
3. Since the holder of the prior right to use the trademark has the right to continue to use its trademark on the original goods or services, it does not constitute an infringement of the trademark registrant, so it must meet certain requirements.
Baidu Encyclopedia-Prior Use Rights
Baidu Encyclopedia-Prior Use Rights