The Connotation And Protection Of Economic Benefits Of Name

Name is an identification symbol and social symbol of a natural person. The worldlegal recognizes its social function and the law protects the interests developed fromthe social function. However, with the penetration from the business society to civilsociety, the name symbol has certain business functions, which are approved andprotected in some of the countries. Right to a name in China belongs to the concretepersonality rights. It protects personality interests. But in practice, the commercialbehavior which uses the name symbol to get a "free-rider" is not uncommon. How torecognize the economic benefits of the name and to relief the economic benefits needto be addressed in our judicial practice.The article analyzes the generation, connotation and expansion of the legal benefits ofname symbol, and puts forward its own views of specific methods to provide relief ofthe economic benefits of name in relation to the framework of the existing law.Firstly, the article proceeds on the concept and social function of the name, analyzingthe generation and connotation of the interests, especially the economic benefits ofname, and preliminary elaborating these from the quantifiable angle.Secondly, through the study of the history and comparative law of the property rightsand personality rights, drawn that the boundaries of the two rights are distinct andthey are the cornerstones of the whole system of rights. Through the legal norms of personality right and tort liability, relief the economic benefits of name by methods ofcombination of the static and dynamic. And propose solutions for our existing legalrules-a further understanding of the concept of property damage.Thirdly, the economic benefits of name have economic externalities, which need legalmeans to internalize. Through the investigation of economic and business ethics,establishing general terms in the Unfair Competition Law and defining the rationalityof competitive behavior by business ethics is a better solution to the economicbenefits of name.From the view of the concept and development of property rights and personalityrights, they are independent and distinct at the same time. The economic benefits ofthe name are derivative of the personality interests, which are not and will never beindependent property rights. Protecting the economic benefits of name from theperspective of tort liability law and unfair competition law influences the existinglegal system least. At the same time, as long as we develop a suitable operation of lawrules, we will be able to effectively reduce the behavior that use another person’sname in the commercial competition to get a "free-rider", also taking into account theprotection of human dignity and business rules.