Suggestions For Improving The Legal Remedy System For Name Rights

With the development of commodity economy,fan economy and internet economy,more and more celebrities have emerged in the world.Celebrities are crazily adored and concerned by large amounts of people and as a result the names of celebrities are gradually of gigantic commercial value.The phenomenon that common people pay great attention to celebrities are called “celebrity effect”.With the huge economic benefits brought by the celebrity effect,the number of cases of celebrities' rights of name being violated is endless.The most distinguished case among them is the “Jordan” and “Jordan Sports” trademark case which caused a great sensation throughout the country.There have been arguments on Jordan cases in both practice and academic fields for a long time.This case is also selected by the Supreme People's Court as one of the top ten cases of intellectual property rights for 2016.Thus,it contributes great value to the legal protection of celebrities' rights of name in China.It seems like Jordan won a small victory in the retrial,however,his main claims have been denied.Limited to the existing legal system the Supreme People's Court can only cancel three trademarks which have never been used.It is so obvious that our legal system has severe defects on the issue of legal protection of celebrity's right of name.This paper points out defects of our legal system on the issue of legal protection of celebrity's right of name and therefore puts forward some suggestions.This paper is divided into four chapters.The first chapter is the literature review,background of research and related theories home and abroad are introduced.Dated from 2012,Jordan Case are still far from being closed.Attentions from both scholars and common people are paid to this tricky case.Some scholars believe that adopting the “Right of Publicity” right will save the current law system from incapability.Others hold that what is needed is the modification of current law.The second chapter points out the factors that cause the incapability of current law regarding the protection of celebrity's illegally registered name.“ harmful effect”,“five years” regulation and principle of “honesty and credibility” all are defected regulations.In the last chapter,suggestions are put forward on improving current law system.