Study On The Legal Protection And Limitation Of The Commercialization Of One’s Name

Modern commercial society, along with the rapid socio-economic development, the natural person’s name often is used in commercial advertising, goods or services, in order to enhance the market appeal and influence of the goods or services, the value of the property of the right to a name increasingly apparent, name merchandise brings a series of legal issues. However, the legal name commercialization of research is still far can not meet the requirements the protected name commercialization to the needs of their wealth, while legislation is rather vague on name commercialization, academia this problem rich enough research and improve judicial practice, treatment of this problem is not uniform will be difficult to avoid. In this paper, the return to the right to a name, grasp name commercialization essentially attributes, demonstrated the necessity and possibility of the commercialization of the name of the legal regulation, to explore of our name commercialization legal protection restrictions path. This paper consists of the following five parts:The first part of the article introduction, the main account of the background of the writing of this article, the current research and demonstration ideas.The second part of the article is mainly the right to a name and the names of the commercialization of the definition and analysis leads to the name commercialization through the introduction of a typical case in the real world, the issue of legal protection. The legal protection of the right to a name has gone through a long historical process, the right to name connotation in social development and constantly improve. Name commercialization phenomenon gradually with the development of society, it is born out of the right to a name, but with the right to a name and is significantly different. Name commercialization appear to break the assertion of the right to a name that contains only the spiritual interests, also makes traditional regulation of the right to a name in the commercialization of the adjustment name become stretched. Through research, the author defines the name commercialization at the same time on the commercialization of essential attribute name, the foundation that the following discussion and consensus building to find the solution path.The third part of the article is mainly looking for legitimate legal reasons for commercialization of legal protection for the name. Name commercialization phenomena abound in our country, there are a variety of theories Although the academic Name commercialized use of the existence of different views, but for the names of the commercialization of the need to protect, they are given an affirmative answer. Name commercialization seek legal protection provided by the name of commercial legal protection a reality, rationality, and the constitutionality of analysis, different levels of argumentation, and lay the foundation for commercialization of the name to seek legal protection.The fourth part of the article introduces a different mode of legal protection in Germany and the United States, the two countries based on their own value orientation, legal status and social soil, choose the mode of protection of their respective national conditions, for rendering solutions such different legal issues. Germany personality rights protection mode after a long course of development, the German legislation the jurisprudence expand the meaning of the name right, the economic interests of the right to a name and spiritual interests are unified in the the personality rights protected mode under. Publicity rights protected mode to the economic interests of the right to a name as a separate property rights to be protected. Selected by the two countries in view of their different value considerations protected mode suited to their own national conditions, and provides a good reference for China to resolve the name commercialization.The fifth part of the article introduces the commercialization of legal protection of our name suggestions for improvement. Name of the commercialization of the economic benefits generated by such legal issues of how to define the core, I believe that it is based on the influence of the right to a name people, to bring out the names of the commercialization, thus the name commercialization of the economic value generated should belong to the right to a name part. On this basis, I proposed my name commercialization of the regulation of the legal protection envisaged, in order to provide an overall architecture and such ideas, and put forward some concrete proposals from the two aspects of the name commercialization protection and restrictions to meet social and legal problem solving urgency of need.