Legal Protection Of The Trade Name Right

The trade name right is very important in the civil and commercial law, it has profound influence over the development of economy. However,the importance of such right hasn't been reflected in the legislation so far, while overall and thorough study can't been found in specialized theoretical research on it, and the nature of the trade name right also lacks meticulous research. This essay broke the traditional research method, most of which concentrates on individual study. By analyzing the trade name right in the related references of the civil and commercial law, many kinds of legal analysis methods such as historical analysis and comparative analysis are adopted, then the nature of the trade name right has been defined clearly. Finally,combined with the protection of foreign trade name right ,the concrete legislative suggestion are put forward.Firstly, it clarified the subject and the definition of the trade name right,considering the subject including legal person enterprise, partnership business and individual commercial business, while the trade name right isn't the exclusive right on the trade name. The subject of the trade name right can exclude the use of others when the confusion occurs.Secondly,the author analyzed the nature of the trade name right clearly. By summarizng and analyzing various scholars views , The author think the trade name right is the right of personality and the breakthrough of the traditional right of personality. It has time characteristics based on traditional right. The purpose of the trade name right is to achieve the interests of property. So the trade name right is the development of the theory about the difference of the right of personality and the right of property.Thirdly, the author analyzed the particularity about the protection of the trade name right. The special protection on the trade name right roots in its special nature. So traditional protection ways and many new protection ways are all used. The consequence of the violation of the trade name right is the violation of the right of personality and the loss of property. The protection ways on the traditional right of personality is also used including the infringement, apology and elimination of the effect,but the important way is the compensation on the damage excluding spiritual damage.Fourthly, the author investigates the foreign trade name right , including American Legal System ,the civil law system and international convention in order to to compare the advantages and disadvantages of various methods . Fifthly, based on the foreign trade name right, the author summarize our county's provisions on the protection of the trade name right and think the protection on it in order to the economic interests .Sixthly , new suggestions are put forward on the protection of the trade name right. Through the analysis on the draft of the right of personality, the author think the protection on the trade name right is the protection on the economic interests, and the protection on it is difference of the natural person. Finally,the author analyzed the compensation system on the trade name right and link the related law in order to protect the trade name right completely.