On The Right Of Firms

Trade name right is an important intellectual property right.Thepractice in many countries indicates that trade name right protectionshould belong to the intellectual property rights. At present,legislation of trade name is not perfect in our country, and has manyproblems in practice. Scholars in our country paid little attention totrade name right and studied it late. The study on trade name right isfar inferior to that the studies on trade mark and geographicalindications. As our country joined the World Trade Organization, thestudying on trade name right theory, theorizing and perfecting our countrytrade name right protection system, not only have theory significance,but also have urgent practical significance.The concept of trade name right is the premise of the thesis, andis the basis to build our country's trade name right protecting system.The history of protecting trade name right in our country indicates that:though has many trade names and some cases in connection with trade namein ancient times, our country did not have concrete trade name protectingsystem, and had never regarded trade name as an independent civil rightsto protect. Trade name right, an important sign of commercial bodies todifferentiate others, not only has the characteristic of the personalright, but also has the characteristic of property right, which can notonly benefits the commercial subjects, but also can be transferredaccompanying with enterprises or the enterprise parts in commercialaffairs. Meanwhile, trade name has the common characteristic ofintellectual property rights. Thus, I consider that the trade name rightshould belong to intellectual property rights. Trade name is different from other marks and signs.Trade name right system in our country has its own characteristic,but it also has many problems. Because of the imperfection of legislationand management system, there are many conflicts in the process of tradename right's protection now, such as the conflict between trade nameright and trade name right, the conflict between trade name right and thetrade mark right, the conflict between trade name right and the domainname and so on.The trade name right protecting systems in America, Germany, andJapan etc, have self-characteristic, which will help us in perfecting ourcountry's trade name right protecting system. We should reinforce thelegislation and reform management system. In our country, famous tradename is necessary to protect peculiarly for repeated infringement.