| Summary: | 碩士 === 嶺東科技大學 === 財經法律研究所 === 104 === The fair use doctrine is very important in the field of intellectual property right. A trademark is the sign indicating source of goods or service, and the purpose of trademark is to safeguard trademark rights and consumers' interest, maintain fair competitions of markets, and facilitate normal development of industries and business.
Trademark Act is especially formulated for trademark issues, whereas Fair Trade Act is enacted for governing unfair competition. Trademark infringement or symbol infringement which is one of unfair competitions is only one issue in Fair Trade Act. However, it becomes the most popular field in the act because of its frequent occurrence. The formulation and enforcement of Trademark Act are earlier than Fair Trade Act and becomes perfect to trademark protection with fourteen amendments and development in legal system.
The study provides the comparison of the trademark law and cases between Taiwan and US, so as to distinct the difference for the determination of “fair use” in administrative examination, civil and criminal lawsuit. Furthermore, the current study wishes to provide suggestions for examination or law amendment in the future, so as to provide a reasonable protection scope of trademark for businesses in Taiwan.
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