On Legal Protection Of Ommercialization Of Right Of Personal Name

With the rapid development of the social economy,the names of natural persons are frequently used for commercial use,and they begin to have more direct property interests.In real life,the names of natural persons are used as trademark registration,domain name registration,investment and so on.Many businesses without the consent of the holder of the consent,Using the name of the right holder for commercial use or commercial publicity,so as to promote their products and services,obtain higher economic benefits.In the process,the infringement problem of name right commercialization comes along.Contained our country current law emphasized the right to name on the spirit of interests,the right of name,embodied in the process of commercialization of property interest and no clear regulation that lead to the right holder's legal rights have been infringed upon,without timely and effective relief way.First of all,this article obtains from the name right concept,nature,the development of the name right of commercialization,clear the meaning and legal attribute of name right of commercialization,classifying name right of commercialization of manifestation,through to the right of name commercialization of theoretical basis and practical basis for legitimacy,to analyze the rationality of the name right of commercialization.Secondly,the paper summarizes the status quo of the protection of the commercialization of name right by the basic law and judicial interpretation of our country.Overall,while in civil law to protect the right of name,but is focused on protecting its spiritual interests,in the name right of commercialization scarcely mentioned the property of interest,the name of property interest was not confirmed,the scope of protection the right of name clearly,tort relief is not sufficient,and many other issues,this requests us in protected mode from other countries for reference,on the basis of protecting way to explore the suitable for China's national conditions.Thirdly,based on the current situation and deficiencies of the protection of the right to name rights in our country,the Suggestions for improving the protection of the civil law of the name right of our country are put forward in the light of the advanced experience of other countries.One is to confirm the property interests of the right of name under the personality right system;The second is to expand the scope of the application of the commercialization of name rights,and to improve the commercialization of names in subject and object.The third is the power to expand the right of name,to change the traditional theory about the imprisonment of the right to name,to recognize the property interests of the right of name and the transferability of the inheritance.The fourth is the analysis of the principles of the determination and attribution of infringement,and the improvement of the remedy way of infringement.