Insufficiency And Perfection Which The Right Of Trade Name Is Protected In Our Country

The protecion of trade name right is more and more put on the agenda of economy and law necessarily,because the disputes of trade name take place frepuently and continuously spread out. But the protection of trade name is not perfect It is very necessary that we protect trade name in theory and practice , macroscopicial aim and microscopicial aim. In the trade name general theory question, still had many disputes, including the definition of trade name fail to have consensus. Most accurate definition is business name, trading name, but dials the number not merely. But the right of trade name nature should regard its power content differently to distinguish qualitatively, cannot be generally spoken.The trade name have various protection in our country , such as civil law protection,administrative law protection,the economic rules and regulations protection and the intellectual property rights law protection. However, our country not yet establishes the perfect company system, the definition is not clear about to the company, the related legal rule is extremely scattered, lacks the feasibility, protects dynamics to be by far insufficient, especially lacks a unified specific law, moreover our country also is congenitally deficient to the right of trade name control system, creates the regional disparity, easy to multiply the right of trade name dispute. Makes the awkward aspect which Our country the trade name right dispute with difficulty solves At present, the reason is various, in which legislation lag is the basic reason. The relief way to the company which through compares the various countries and the international joint pledge systematically which protects the legislation pattern, the premise, the trade name right content, the company protects and so on the correlation stipulation, protects the legal regime by the time for our country's company the consummation to provide the advanced experience. In the light of our country's condition,we put forward some suggestion which the law and rules are estabilished and perfected from legisative angles administrative system and judicial help and expect the measures and suggestions have a effect on the protection of our counry's trade name.