Discussion On Intellectual Property Protection In Trade Name

Trade name is a kind of intangible property, which carries the company's business reputations and be used for distinguishing between different producers and operators. It can bring a huge economic benefit to its company. Toady, as the economy develops rapidly, trade name has plays a more important role in the competition than before and it also has arouse wide concerns. Meanwhile, disputes about various of trade name rights has happened frequently, even without restrain. But the legal protection to those rights is not good enough now in China. Although our government has taken a series integrated approach combining laws, rules, regulations and judicial interpretation, there still have lots of problems. For example, the unclear definition of trade name and trade name rights, the unfocused laws and regulations as well as the low legislative level, a shortage of laws to conciliate those right conflicts of trade name, the lack of judicial remedies, especially the lack of a united single law. The imperfect legal protection system of trade name right led to disputes about trade name can not be resolved effectively, and the consequence is both trade name owners'benefits and fair competitions get a serious influence, also it's difficult to meet the needs of a modern market economy.In this paper, writer will give his own recommendations to the legal protection of trade name right in China through recognizing the international legislative mode of trade name right, analyzing the real situation in china with some scholars' opinions.This paper is divided into four chapters. Chapter 1 is a generality to the basic theory of trade name and its right. It introduces the concept of trade name and trade name right, functions and nature of trade name, as well as the nature, acquisition, content of trade name right. In this chapter, writer defines the concept of trade name and equates it with company's name, confirms that trade name right is a kind of intellectual property, and analyzes the manners and principles of its acquisition, then make a foundation to the next research. Chapter 2 is discussing the conflict of trade name right and conflicts between trade name right and trade mark right, especially focused on manifestations and reasons to these conflicts. Chapter 3 introduces the present legal protection of trade name in China and gives a comment on the shortage. In China, disputes about trade name can not be resolved effectively has lots of reasons, but the most important are the unclear definition of trade name and trade name right, the unfocused laws and regulations as well as the low legislative level, a shortage of laws to conciliate those right conflicts of trade name, the lack of judicial remedies. In Chapter 4, refers to the shortage in China's legal protection, writer gives a complete advices from the legislation, judicial remedies, administration and other relater points.