Researches On The Protection Of Right Of Business Name In Conflict

Right of business name is an important industrial property right described in the international standard by Paris Convention, and is proven part of the intellectual property right in various countries' practices. Today China's legislation on right of business name is to be improved, since issues still exist in many practical aspects. China joined World Trade Organization in 2001, a milestone for the further development of the nation's reform and opening-up, and a symbol of participation in international competition and corporation in a more complex and more extensive manner. Based on World Trade Organization's constitutions and China's external commitment in the negotiations, the nation is progressively emphasizing the development in this aspect, under such a climate, the detailed research on right of business name, the establishment and improvement of its protection legislations, are either of theoretical importance or pressing practical significance.The article is divided into five chapters excluding Introduction and Conclusion.Chapter One states the general knowledge of right of business name. The definition of right of business name is the precondition and cornerstone of the latter research, and the foundation of establishing the nation's relative legislations. Through comparisons of different definitions, it is clarified how business name is different from right of business name, in terms of concept and nature, while priority is placed on today's most-frequently-occur conflict in differentiation of right of business name and trademark right. Chapter Two researches the conflicts of rights involved in the protection of right of business name.The article analyzes three types of conflicts occurring in the protection of right of business name, e.g. the self-conflict in right of business name, the conflict between right of business name and trademark right, and other new conflicts, mostly referring to that between right of business name and domain name.Chapter Three discusses the current situation of the legislation on the sue.The article refers to several principles and cases from different countries concerning the right of business name protection, and the relevant regulations in our nation's current legislations, and with comparison and analysis, the conclusion is drawn that China is apparently lacking behind resulting from the functioning protection legislation and regulations in this aspect fail to meet the requirement from current market-oriented economy development. Chapter Four ,by means of certain case study the cause and the outcome are illustrated and the pressing issue the nation is facing regarding the topic is highlighted.Chapter Five provides some thoughts on how to improve China's legislations regarding right of business name.Part One suggests some principles in resolving the conflicts concerning right of business name, based on the study of various major conflicts, incorporating with the original concept of the legislation, while referring to overseas practices. Part Two from the angles of establishing the relative protection constitution and legislation assistance, the author states his opinions.Since the legal system regarding the protection of right of business name covers many aspects, the article can only provide a general picture in limited space. There could be some mistakes and oversights in the article, and may experts and scholars kindly shed light on it.