On The Legislation Of Commercial Utilization Of Name Right In China

The modern economy is dominated by the market economy,and more and more social elements are commercialized.Even if the individual elements attached to the individual citizens tend to be commercialized,for example,the name right is a typical example.There are two reasons why some of the businessmen use their celebrity effects to commercialize their names.On the one hand,because the name of the celebrity has a huge commercial value behind it,the merchant will fully exploit this value so that the product reputation and corporate image to obtain a substantial increase,which to increase revenue,on the other hand,is also limited to China's special rights to regulate the right to use the commercial use of legislation.As a result of the above two reasons,there is a regulatory loophole in the regulation of the right to use the name of the business,and there is a phenomenon of commercial use of the name of the person without the permission of the right holder or without law,and the result of such action is the result People's spiritual and economic interests are subject to double losses,the reality of the situation will further lead to social contradictions and disputes.The phenomenon of commercial use of our name rights in the reform and opening up after the rapid development,in this context led to the legislation did not timely and effective regulation of such issues,but also because of the relevant legislative system has seriously lagged behind the name of our business the use of social disputes more and more.Therefore,it is necessary to explore theoretically how the right to use business is reasonable.Confined to the existing legislation is not clear,the academic community on the name of the property rights is the property or property attributes have not yet formed a consensus.As to what kind of legislative means of the future legislature to properly name the right to use business,the legislature can only be the first to explore the theory,after all,China has not yet formed a mature legislative initiatives.In this regard,the author attempts to explore how to improve the use of name rights in the legislation to make the following theoretical research,starting from the historical use of the name of the business and research status,based on the existing name of the type of business use and legislative regulation of the status quo,sort out the name the lackof commercial use and the dilemma of the application of specific laws,and then compare the experience of comparative law to learn from the mature legislation experience of the major countries in the right to use the name right,so as to seek to break through the legislative dilemma of the commercial use of the name right For the future of China in the formulation of relevant rules to provide some concessions to learn from the legislative path.