The Theory Of Enterprise Name Right And Its Legal Protection Mechanism

Business name, as a corporate logo, generally require businesses to invest more financial resources, related promotion, often comes with a large property interests, it is one of the intangible assets of enterprises. The corporate name of the right of personality rights and property rights in the acquired business premise business name arising, including the right to use and set right, as well as the right to revoke the transfer of rights and exclusive rights, within a specific range. Subject of rights is the enterprise. In the specific context of the law, companies should include the following meanings: first, to produce goods, sell, transport or provide paid services to their main activities; second, for commercial purposes; third, It may be legal persons or other organizations.Legal nature of the enterprise name right, my present, there are several typical view, or that the business name right personality rights, or that the business name is a property right, or that the company name is a combination of the right of personality rights and property rights, or that corporate names are the intellectual property right, or that the business name of Commercial Personality right is right. Above-mentioned point of view there are certain types of rationality, but it is not very accurate, and complete. Business name right is a comprehensive rights, both personal and property rights of property, but also has some exclusivity. In current practice, the right against the company name is not uncommon. Business name rights violations roughly three categories:First, infringement, unfair competition and second, and the third is both. Perpetrators of violations are natural persons, legal persons and other organizations also. Typically by impersonation existing business name, business name to others already registered trademarks, or fraudulent use of an existing computer network domain name business for promotion and other means to implement.Through the legal system to protect our country’s name on business trips, find the name of the protection mechanism of enterprises, there are some imperfections, mainly in:the rights of the subject enterprise name right is not comprehensive enough, it finds behavior is not clear, the content and scope of the non-rich, remedy no efforts. In order to make our enterprise name right legal protection system has been further strengthened and improved, should be based on our intellectual property, trademark and other laws and protection system as the basis, absorb the advantages of this system, and effectively improve the enterprise name rights protection. Recommendation:First, the right to protect the principle of corporate name, corporate name followed by the right to do special legislation. Improve specific legislation can establish business name registration and management from the file system, extend the subject, clearly identified violations, the expansion of the content and scope of the relief to broaden the corporate name right way, and several other aspects.