On The Corporate Name Of The Legal System In China

At first the paper states the evolution of the law system of trade names. After discussing the protection accorded to trade names in different countries of the world,the writer review and summarize the legislation and actuality of trade names in our country. There are a lot of Insufficiency in the protection of trade names in our country's present law. At the same time,there are a number of disputes about conception and issue of trade names in law theoretic.Secondly,the writer expatiate on the basic concept of the law system of trade names,which establish the foundation stone in order to erect a distinct and scientific law system of trade names. Currently lots of appellations are used to denote trade names,so it Is necessary to unify the appellation. There is no universal definition of a trade name. The term is being Interpreted differently under the laws of different countries. Accorded to the actuality and economic situation in our country,the writer define trade names as the designation which the enterprise indicate himself in business. The symbol,oneness,business and negotiability are the law characteristic of the conception. A Trade name differs from a trademark,a service mark,a name of a enterprise,a trade signboard and a domain name. With a view to trade names' society value & economic value,the law stipulate a right to protect the trade name of a enterprise. A enterprise has the right to occupy,use,manage and get income from its trade name.After that this paper slates that the rationale behind protection of trade name is closely related to the nature of the right of trade names. The writer regard the right of a trade name as a kind of intellectual right which is not only personality right but also property right It is a trend to make choice of a trade name according as the limited liberty principle changed from the reality principle,which is the constitutional foundation to confirm a trade name. In order to protect the trade names,we must define well and truly the act to Invade the trade name right,pinpoint the style of the act to invade the trade name right,settle conflicts between trade names and trade marks,and settle conflicts between the act to invade the trade name and unfair Competition.Finally,the paper gives basic suggestion about legislation.