Research On Legal Protection Of Commercialization Of Right Of Name

The name is a unique individual symbol. A person can have a high degree of recognition because of his unique name. In real life, the name is more than just a status symbol to identify. With the promotion of economic development, the name has been widely used in economic activities. A large number of merchants use others’names without the permission of the name owers, for publicity, to sell their products and services. In General Principles of the Civil Law of the People’s Republic, Article 99 stipulates:Citizens shall have the right of name, the right to decide, to use and to change their names according to relevant provisions. Others’intervene, embezzlement and counterfeiting is prohibited. Therefore, the current name right theory mainly regards the right of name as a kind of personality right and protects the spiritual interests of the right of name. There is neither clear regulation on the economic benefits that the right of name reflected in the current economic activities, nor on the the right of name. This paper is in perspective of commercial use of name right and is based on demonstration on meaning and legitimacy of commercialization of name right. This paper learns from the relevant systems abroad to enrich and perfect the legal ways to protect the commercial use of right of name in China, and provides solution to right of name infringement disputes in commercial activities. This paper is divided into four parts, namely:The first part:The legal definition of the commercialization of right of name. This paper provides the historical context of the development of the right of name. This paper analyzes the nature of right of name, the development of right of name meaning to pave the way for the commercialization of right of name and elaborates the elements of legal relationship of the commercialization of the right of name. Then the paper analyzes the basic and typical type of right of name in the current economic activities.The second part:Analysis of the justification of name right commercialization. First this paper analyzes the justification of the realistic basis of commercialization of the right of name to prove that the name, as the symbol itself has the possibility of commercialization. The realistic requirement of social development and media tools driven is the direct cause of the recognition and protection of commercialization of right of name. Then this paper discusses the value of commercialization of right of name has legitimacy basis, and demonstrates legal basis of commercial use of name from two aspects of free and fair. Finally, respectively, from preemption theory, labor theory, and property rights theory of personality, as well as economic analysis theory, this paper analyzes the name commercialization of legal protection, demonstrates the necessity of name right protection and commercial use of legitimacy, and lays a solid foundation to legal protection of commercial use of name right.The third part:Study on legal protection mode of extraterritorial commercialization of right of name. This paper selects representatives of Germany law on behalf of civil law and American law on behalf of Anglo-American law regarding the protection system of commercialization of right of name as research priorities. The Germany legal practice unifies the economic interest and spiritual interest under the personality right protection mode, while American law protects the economic interest of right of name in the right of publicity. Based on the reference and absorption of the advantage of protection patterns of the two countries, this paper concludes the legal path and method suited to our national conditions on the protection of commercialization of right of name.The fourth part:Present situation of our legal protection on commercialization of right of name and suggestions for improvement. First, this paper refers to our relevant existing laws on protection of commercialization of right of name, points out the dispute problems in dealing with protection of commercialization of right of name in accordance with the traditional theory of personality rights. Then this paper bases on the in-depth understanding of the present situation and the insufficiency of the protection of name right commercialization, puts forward the suggestions of perfecting legal Protection on name right commercialization from four aspects, namely, reasonable limitation of name right from commercial use, moderate recongnization of the economic interests of name right by commercial transfer and inheritance, and improvement in protection of claims in name right economic interest, as well as clear compensation method of infringement.