Study On The Legal Protection Of The Right Of Trade Name

With the establishment of socialist market economy and commodity producers, sellers, the service provider right protection consciousness enhancement,"trade name right war" has become a new bright spot in modern war.Trade name right legal protection problem in China has become an increasingly important topic in academic circle at present, business, trade name right and related legal system of the protection of the different viewpoints, research is confined only in the right of trade name definition, nature, function, existing problems, and the trade name right law protection measures are not perfect, also not enough new.Therefore, to carry out trade name right in-depth study of the legal system in our country has become a legal research and judicial practice in the important task.Based on the typical case reflected in existing problems, on the basis of theoretical research, according to their own thinking and research, using case analysis, comparative analysis and other research methods.Based on the basic theory of the right of business name analysis as a starting point, the trade name rights and its legal nature and legal protection of the right of commercial name of our country the paper investigates the current situation, draw lessons from developed country experience of legislation and judicial practice of China, according to China’s legal problems, to improve the protection of trade names in China and puts forward the corresponding measure, put forward how to from the point of legislation on right of business name to be protected, how to use administrative normative perspective curb business tort source, how from judicial perspective on tort relief.The full text is divided into two parts:the first part is the body part, the part is divided into four chapters.The first chapter, the introduction, presents the background and significance of topics, core concepts and relevant researches, this study method.The second chapter, at present our country on the right of trade name legal protection problem.The article elaborated our country firm legal protection legislative, administrative, judicial problems.The third chapter, the developed countries on the trade name rights protection legislation and its reference significance.Introduced in Germany, Japan, the United States, Britain and other developed countries trade name right legal system of general provisions, protective provisions and the trade name right conflict resolution rules of developed countries, puts forward firm protection legal system for China s legal protection system of the revelation of building firm.The fourth chapter, China’s trade name right legal protection system to establish recommendations.From the point of legislation is the formulation of a unified "Trade Law", to build China’s administrative organs to advance prevention and relief mechanism, finally proposed our country company legal protection to justice.The second part is the conclusion part.