Study On The Legal Protection For The Right Of Trade Name

Nowadays the right of trade name has been legally protected and regulated mainly by both intellectual law and anti-unfair competition law in many countries. But in Chinese present law, there are a lot of insufficiency of legal protection and regulation for trade name, especially public company trade name. Such as the disappearance for current relevant legal provisions, and a number of disputes about conception of trade name in law theoretic. At the same time, many public companies invade the right and the benefits of investors by rename action in Chinese stock market.This article has four chapters. At first the article states the evolution of the law system of trade name, discusses the protection and regulation accord to trade name in different countries of the world. Then the article review and summarize the legislation and actuality of trade name in our country, at last analyze the legal regulation of company's rename. In the second chapter, the article defines trade name in legal eyes. After analyzing the main division of trade name in our country, the article regards the firm name as the division of character and foundation which the enterprise indicate himself in business. However lots of appellations, including the firm name, are used to denote the enterprise name currently under the laws of different countries. So the articlesuggests that the enterprise name should be unified universally as trade name in our legislation, the firm name is only the one of division in trade name. The trade name of companies has special legal significance. In the third chapter, the article expatiates the rationale for the right of trade name. The reason of protection and regulation for trade name is closely related to the nature of the right of trade name. After stating the basic concept of the right of trade name in law system, analyzing the style of act to invade the right of trade name and the main reason for conflict between the right of trademark and the right of trade name, the article regards the trade name as a kind of intellectual right which is not only personality right but also property right. It is trend to make choice of trade name according as the limited liberty principle changed from the reality principle, which is the constitutional foundation to confirm trade name, the article also analyze the action of company's rename. Just because this rename action "legally" invade the investors benefit, so the action has been regarded as a resemble invadation. In the last chapter, the article gives some suggestion about legislation of legal protection and regulation for trade name in our country. In order to protect and regulate the right of trade name truly, the right of trade name should be regarded as intellectual right in civil law. The relevant law system about trade name should be made and perfected around the firm name, and perfect the anti-unfair competition law. Besides which, it is necessary to hardly regulate the public company rename.In a word, every enterprise has its right of trade name, including public company. The right of trade name should always be protected. In the same time, if the right of trade name has been abuse, especially the public company abuse to rename, it will invade investor legal right and benefits. To do so, will violate the principle of good faith which is one of the fundamental principle in civil law, should be regulated and forbided.