Research On The Trade Name Right

After entering the WTO all the enterprises have to face the striking competition of the global market. If they want more market share of or profit more in this competition, they have to take effective efforts to protect this own trade name right. The characteristics of trade name as the personality sign determine the formation of the personality right of the trade name. Its economic value resulting from its function of trade name of identification, publicity and accumulation of business reputation determines the formation of the trade name property. Trade name has dual attributes of personality right and property, therefore, should be included in the category of the intellectual property right. The protection of trade name right is actual the protection of personality interests and property interests of the trade name enjoyed by the owner of the business through authorization to use the trade name exclusively. Protection of personality interests and property interests of trade name rights mainly follows the protection mode to protect the rights of the individual name. The trade name right in this sense means the owner of the business can forbid others to limited degree to duplicate the trade name without being authorized. The economic development demands the protection of the property interests of trade name to be reinforced gradually, thus enabling the owner of the general trade name the right to forbid use of the same or similar trade names or trade marks, and thus the owner of the famous trade name can forbid all attempts to impose on the reputation of famous trade names or behaviors that might damage its reputation. Many defects still exist in our protection of the trade name right. A new framework of legal protection of trade name right is urgently achievements. Many scholars of our country have done thorough discussions and researches according to this problem. With the help of the predecessor research achievements, the writer of this thesis presents some personal opinions upon the amplification and perfection of our trade name right legal protection system. The thesis comprises three chapters: preface, the body {three parts} and the conclusion. The following is a brief introduction of the body of the thesis.The first chapter briefly introduces three questions. Fuzzy legal definition and insufficient corresponding protection of trade name and trade name right are the main deficiencies of the current trade name system of China. To perfect the trade name system of our county, we should start with the accurate definition of trade name and trade name right. the writer analyses the legal definition of trade name right,sole-use right , transfer. This chapter gives a meticulous analysis to some characters of trade name right, such as special nature.,inviolability ,property, and objectively appraises the legal system of trade name right.The second chapter analyses several deficiencies according to the new question of legal protection of trade name right in our country. The writer introduces the relations and differences between trade name right and trademark right. The conflict has two forms: using otherˊs trade name as one′s own trademark and using other′s trademark as one′s own trade name. The write points out the conflicting reasons among them. The former is especially troublesome. This dissertation begins with the study of the essence of the trade name, then will discuss the priority of two different kinds of trade name and the fair dealing of the trade mark ,then the regulative norm in the fair trade law. It can help us understanding all kinds of problems existing in the field of trade name right protection.The third chapter several suggestions are presented that how to perfect this system. The suggestions include unified trade name right legislation, and all-country effects of trade name right .The famous trade name right is given special protection, setting up normal system of legal responsibility of trade name right and take what kinds of legal responsibilities.