A Case Study Of "Tianjin CYTS" V."Tianjin Guoqing Travel" Service Enterprise Name Right

The trend of economic globalization intensifies,the market economy develops rapidly in our country,economic activity also with the market opening more and more frequent,and in the business activities,also produced a new social relations,the resulting contradictions are increasingly prominent,in practice the case of infringement of corporate name is also more and more diversified,the existing law can not fully meet the needs of practice.In 1992,China's Communist Party of 14 proposed the development of socialist market economy,as a special safeguard socialist market economy Order of 1993 enacted the "Anti-unfair competition law" is clearly not adapted to the rapid economic development needs.The legal norm is the safeguard of the more healthy development of our country market economy,so should deepen the research on the enterprise name right,so that the relevant regulations and norms about the enterprise name right are more adaptable to the real need of protecting the enterprise name right.This article is the breakthrough point for Tianjin China Youth Travel Service v.Tianjin National Youth International Travel Service(Dispute over use of other enterprise's name without authorization).Firstly,according to the case and hearing,the author proposes and resolves the problem of the case focus on the three aspects of the original court's cognizance,the legal applicability of the trial judgment and the responsibility of the provider of the Internet keyword bidding service.Secondly,the author analyzes the theoretical background of the enterprise abbreviation obtaining the protection of Anti-unfair competition law,which is set up to search keywords whether it should be protected by Anti-unfair competition law,and summarizes the precondition of obtaining legal protection for short term.Finally,the author raises the relevant legal thinking according to the case,mainly the enterprise name right,especially the abbreviation of the protection of the exclusive effect and the lack of relief effect,and puts forward the legislative suggestion and the judicial suggestion to perfect the protection of the enterprise name right anti-unfair Competition Law.