Study On The Problems And Solutions Of Business Name Dilution

With the continuous development of economy, business name right theory andits protection system and gradually establish and perfect. But our country legislationfailed to get enough attention on the business name, business name rights suffer theviolation seriously, show us that the lack of business name dilution theory research,especially the lack of legislation and the protection. Desalting protection of businessname in China still exist, such as lack of special legislation, administrative judicialprotection measures against desalination are rigid, right subject protectionconsciousness is weakness, etc.In a sense, a lift phenomenon exists in the field of business name has profoundeconomic, practical and institutional necessity. But that doesn’t mean business namedesalination is reasonable or can be tolerated. Throughout the world, how tostrengthen the business name against dilution legislation, protection of rights andinterests of obligee’s business name, and has become an important area of academicresearch and legislation concern.This article study on the protection of business name’s present situation andproblem analysis, based on the experience of the foreign countries’ business nameanti-dilution protection, aimed at some problems in the practice of China’s businessname, put forward clearly defined business name’s concept and constitutiverequirements of its dilution, improve the protection measure of business name dilution.Of course, because the business name as symbolic resource scarcity, and in order tobalance the interests of the business name holder and others, must also be specifiedbusiness name’s protection law must include general defense justifications ofdesalination and special defense. The general defense include the holder of businessname don’t get it legally/the holder give up their own right on the business name/theusing of business is consent by the obligee, etc. Special defense of business namedesalinate, this paper refers to the rules of fair use of trade names, including descriptive fair use, indicative fair use and other behavior (such as reasonablecomparative advertising, parody, etc.).