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On The Legal Protection Of The Commercialization Of Name Rights

Posted on:2018-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y M HuFull Text:PDF
GTID:2356330515477513Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of market economy,the commercialization of the name of the phenomenon of a large number of the emergence of everyone's attention Firstly,through comparisons between different judgments of three cases on commercialization of right of name,the thesis raised the major dispute on legal protection of right of name in China,that is,what is the commercial use of right of name and what is the legal protection of commercially use of name.Secondly,for the first dispute,this thesis explained concretely the definition of commercially use of one's name from three aspects,they are connotation,legal ingredient and main forms.Then,for the second dispute,the author made an specific analysis from three aspects,they're foreign legal protection system of right of name,the current situation of legal protection in our country and the inadequacies.Compared with the United States separate name rights contains with spiritual interests and finicial interests into two parts and Germany the law includes the property right of name into the right of personality so as to develop its system of the gerneral right of personality,China's current legal system to protect spiritual interests of the commercialization of the name.There are still some shortcomings in the content of commercial protection.At last,According to the legislation situation of our country and the enlightenment of the foreign system,the I put forward some suggestions on the legal protection on the right to use the name:to define the economic interests name right from the perspective of the right of personality.to provide two specific compensation methods,on aspects of amount and manner,to deal with infringement cases of right of name.
Keywords/Search Tags:The commercialization of the right of name, Finicial interests, The gerneral right of personality
PDF Full Text Request
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