The Study On Merchandising Right Of Name

Recently,the social economy has achieved high-speed development.Businessmen are striving to explore resource potential and realize wealth accumulation to the largest extent.They connect commercial advertisement,trademark pattern,slogans and so on skillfully with the names of celebrities in order to reinforce the popularity of their own products,thus realizing value appreciation of their profits.However,in reality,there are many conflicts arising from private use of names without the permission from celebrities.The name right holders claim not only for stopping infringement,and eliminating influence,but also compensation for great economic loss.Chinese judicial practice has started to realize the great wealth contained in the name right.But limited by blanks in traditional civil law theories and legislation protection,the conflicts resulted from name commercialization has not been settled properly.At present,many theories coexist as to studies on the commercialization of personality signs like names in jurisprudential circle.The article tries to use name merchandising right to express contents and natures of such right different from traditional name right.The disputes and blanks in laws lead to different judgments to different cases in the court,failing to give play to legal and social effects.As a result,the study is conducted based no several cases.It redefine the name merchandising right with the assistance of the origin of name right,the connotation and deducing process of commercialization right.Next,the thesis explains the urgency of legality for name merchandising right,insufficiencies of Chinese laws.In the end,by referring to the experiences of western countries in protecting name merchandising right,the suggestions about improving Chinese name mechansiding right is proposed.The study is composed of six aspects.The introduction part makes simple introduction about the motivation,procedures,methods,results of the study and proposes own suggestions combined with studies home and abroad.Chapter one introduces typical cases in real judgment as well as legal problems in need of study.The study case introduces that the name merchandising right's nature,how to calculate the financial loss for infringement,whether the name merchandising right can transfer and inherit.Chapter two first studies the connotation and history of name right,defines the name merchandising right,finally makes further analysis on the name merchandizing right through its subject,object,nature and legal manifestation.confirms the necessity of name merchandizing right.Two aspects are mainly considered: the first is demand to protect the profits of name right owners;the second is to maintain the stability of social economic order.Chapter three analyzes the current situation of Chinese legal protection over name merchandizing right.Chinese articles are mainly dispersed in general rules of civil law,intellectual property law,anti-unfair competition law.It studies the insufficiencies existing in protecting name right from different perspectives.introduces respectively the different protection patterns over name merchandizing right in US,Britain,Germany and Japan.Through comparative study,foreign experiences worth referring are summarized.Chapter four From the perspective of trademark law and anti unfair competition law,it puts forward suggestions for improving the protection of the right of name merchandising,and puts forward some restrictions on the merchandising right of names.