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近年来,随着全国市场经济的不断发展,经济体制的改革和创新,我国宪法对经济解释的权威性和时效性不尽如人意,著作权和商标权是市场贸易经常会应用到的两种基本权益。两种权益法规对商品经营交易的影响很多,由于著作权和商标权在法律和效力方面有一定的重叠性和重复性,所以要想提高著作权和商标权在商品交易中的作用,必须清晰认识著作权和商标权的重叠和分界问题。基于此,文章将结合相关案例,探讨著作权和商标权界限划分的具体情况。
In recent years, with the continuous development of the national market economy and the reform and innovation of the economic system, the authoritativeness and timeliness of our country’s constitutional interpretation of the economy have been unsatisfactory. Both copyright and trademark rights are the two basic types of trade that trade often applies to rights and interests. The two kinds of rights and regulations have a great impact on the trading of commodities. Because copyright and trademark have some overlap and repeatability in law and effect, if we want to improve the role of copyright and trademark in the transaction of commodities, we must know clearly the copyright And trademark rights overlap and demarcation issues. Based on this, the article will combine with the relevant cases to explore the specific circumstances of the division of boundaries of copyright and trademark rights.