Legal Research On The Protection Of Trade Name

Following with the rapid development of science & technology, economy and globalization, the importance of intellectual right has been fully expressed. The necessary condition to come into the globalization process and get the profit from it is to respect ones intellectual right and protect his own intellectual right. China is one of the world's largest economy, we not only need a reasonable and sufficient legal system in order to protect the intellectual right, but we are also willing to share our technology outcomes. Therefore, we must use the best choice in accordance with the country profit and the requirement of county development, and make it into the main instrument to win the competitions in international business.Since practice for several years, we have established the legal system to protect the copyright, the patent right and the trademark. And all of them are under the full protection within the substantive and procedural laws including the articles of civil law, business law, administrative law and criminal law. But as the member of the intellectual right family, the trade name means a place in the competitive law late 10 years.Trade name, the main carrier of trade name right has the characteristic to distinguish the principal part of the market. And along with the operation and cost input, the trade name will mixed with the good will and quality of product or service as same as the other trade symbols.For this reason, trade name exits its great economic benefit andinfluence. So if you own the famous trade name, you will win the market.The phenomenon has been focused on in 1882, and some countries began toprovide the strict and extensive protection to it. However for China,trade name protection is not a single academic problem, but a significantoperational problem.As the content mentioned above, this paper firstly wants to analyze thebasic theory of the trade name right and then probe into advantage anddisadvantage of the legislation of the international organizations.After summarize the situation of China including the disordered system,the infringement and the legal relief problems, the writer provide therelated countermeasure in order to consummate the legal system for tradename protection and provide a fair and steady market to the enterprisesand their customers.There are four parts of the paper as follows:Part 1 is the description of the basic theory of the trade name rightincluding the difference between the broad sense and the narrow senseof definition. And then the writer summarized the definition of ourcountry. Based on the content mention above, the writer brieflyintroduced the content and characteristics to be the matting of the nextchapter.Part 2 is the analysis of the legislation of the internationalorganizations and other counties. Firstly the writer introduced thedifferent legislation and analyzed the external elements of the tradename protection and then probed into the Japanese system. In the end,the writer synthetically analyzed the benefit and the loss of every kindof the method of the trade name protection legislation.Part 3 is the survey of situation of our trade name protection. Firstlythe writer analyzed the Chinese situation and then discussed the problemsexisted in legislation and judicature program of trade name protection. Part 4 is the writer's opinion and suggestion according to the Chinese status. Firstly the writer illustrated the legislation mode, uniform trade symbol protection, is in accordance with Chinese's situation and then provided the settlements for the rights conflicts. In the end, the writer put forward the suggestions including the cognizance methods aimed at the special characteristics of the famous trade name in order to be the reference of trade name protection.