Comparative Research Upon Sino-Foreign Legal System Of Tradename Right

Along with the development of the market economy, the importance of trade name also was increasingly valued by commercial subject. And trade name is proven a part of the intellectual property right in the most countries'practices. At present, Chinese legal system of trade name is to be improved, since issues still exist in many practical aspects. How to carry on the legal protection of trade name,has become a very important issue. Therefore,developing the research on legal system of trade name has become the urgent task in legal research and judicial practice .This text carries on the study on the present condition of protection about trade name in our country,draws lessons from the legislative experience of other nations, in order to improve the legal system of trade name in our country.In addition to the introduction and conclusion, the text is divided into five parts.The first part is to research basic theories about the legal system of trade name. The concept and nature of tradename is premise and sills of this text, is also a foundation that builds up the legal system trade name. This part starts from the definition on concept of tradename,identify that tradename is different from the name, trademark, enterprise name. And it is clear that trade name is belonged to the scope of intellectual property rights.The second and third part is to research the legal system of trade name in Two Legislation and International Conventions, is also the focus of this text. It mainly introduce the general provisions, protection provisions, and the rules to resolve the conflicts of rights, in order to provide some lessons to the improvement of the legal system of trade name in our country.The fourth part is to research the present protection of Chinese legal system of trade name. Firstly summed up the Laws and regulations of Chinese legal system of trade name on various periods; then analysis the practical issue, such as the conflict of rights and the protection of special trade name; lastly summarize the shortcomings of Chinese legal system of trade name.On the basis of the above text, the fifth part provides the basic principles of the improvement on the Chinese legal system of trade name, and the theoretical concepts and concrete measures of individual Legislation of trade name. This part is also the innovation of this text. In view of the shortcomings of Chinese legal system of trade name, to increase tradename right in the"Trademark Law". And amending the relevant laws, in order to establish a complete and harmonize legal system to protect trade name.