Research On Legal Protection For The Small And Medium-sized Enterprise Name Right

Enterprise name right, with the dual qualities of personality rights and property rights, is an important right in the intellectual property law. Generally speaking, it includes the exclusive right to the enterprise name, the right of changing and transfering the enterprise name,etc. Enterprise name right plays an important role in the developping of enterprise, especially for the small and medium-sized enterprise in the beginning. Today, due to the shortage of capital, lack of independence and market competitiveness, the small and medium-sized enterprise often ignore the protection of the enterprise name right which belongs to them, and now law in our country for the enterprise name review system and enterprise name registration management system have the some problems, such as the level of the law is quite low, lacking of the common approval standard and the level of administrative category management,which lead to the government often ignore market without the regional, makes the protection of enterprise name right harder. Although different countries have different legislative model to protect small and medium-sized enterprise name rights, such as civil law model,economic model, and special law model, but e intellectual property law model is of advance. Based on the overlapped origins of enterprise name right, and belonging to different management division, law and protection range, the establishment of the right of one party can not prohibit that of the other, thus form the right conflicts such as trademark rights, trade name rights, domain names rights and copyrights. We should make our judgments comply to the principles, like fair competition, good faith, protecting the prior legal rights, prohibiting confusion, substantially similarity, and application first without reviewing, thus resolving these conflicts and achieving the protection of the legal rights of the small and medium-size enterprises. Through the consistent use of corporate names and trademarks, reform the existing rights of name classification registration management system to reduce the conflict between them. Small and medium-size enterprises should also enhance their protection awareness on corporate name rights; protect their legitimate rights and interests by diversified ways such as administration and law. At the same time, we should reform the current business name registration system, improve the assessment standards of the business name, establish the system of name of the famous enterprises, improve the system of transferring the name of small and medium-size enterprises and license, protect the name rights of the small and medium-sized enterprises, fight against the activities violating the name of the enterprise, maintain the fair competition order, to promote the sound development of small and medium-sized enterprises.