The Research On The Civil Law Protection And Perfection Of The Commercialization Of The Right Of Name

In modern society, with the rapid development of social economy, people's names are often used in commercial advertisements, commodities and services to promote the market rallying points and influences of commodities and services. People's names are also used in registers of network domains, trade names, trademarks and so on, the right of name becomes more and more valuable, the commercialization of right of name has already been one kind of growing trend. However, nowadays in china, the research of the commercialization of right of name can't meet the needs of protecting the properties bought from the commercialization of right of name, the legislation of the commercialization of right of name is defective, the related research findings of academia are lacking and imperfect. Therefore, strengthening and perfection of the legislation of the commercialization of right of name should be the urgent issue of the legislature. Nowadays in china, the related researches of right of name are lacking and inanition, it is always mentioned when scholars discuss other issues, or it is discussed just from one perspective.By analyzing the social phenomenon of the commercialization of right of name, and referring to foreign protective patterns of the commercialization of right of name, the paper puts forward some suggestions of perfecting the chinese protective pattern, in order to perfect the legal protection of the commercialization of right of name and protect obliges'right roundly. The paper includes four parts.In the first part, the paper introduces some problems of current protection of the commercialization of right of name by analyzing the case of Yuan Longping and the case of Zhejiang Shaoxing Luxun Foreign Language School. According to the traditional theory of civil law, the right of name is not commodity, and is not valuable, the assignment of right of name is invalid, in that way, whether the assignment of Yuan Longping was based on civil law is a problem and is worthy to research. After the death of obliges, whether the commercialization of right of name has nothing to do with the social public interests and becomes one kind of independent property; whether the current Chinese civil law can protect the commercialization of right of name perfectly and protect obliges'right roundly, these problems are all worthy to research.In the second part, the paper mainly analyzes the theoretical basis of the commercialization of right of name. The paper discusses the implication of the right of name and the connotation of the commercialization of right of name. Contraposing the Chinese concrete phenomenon of the commercialization of the right of name, the paper expounds that the nature of the commercialization of right of name is that people's names is very valuable in business, merchants obtain huge profit by assigning the rights of peoples'names. In business, people's names have the property nature and personal nature, but the property nature stem from the personal nature, the right of name in business is still one kind of the right of personality. The paper also discusses the Chinese legal protection and shortcomings of the commercialization of the right of name.In the third part, in order to find one kind of suitable all-round legal protective pattern of the commercialization of the right of name for china, the paper discusses the related legal rules from the infringement act pattern of British, the right of publicity pattern of US, and the unified right pattern of Germany. British pattern is conservative, passing off is the standard of judging whether torts infringe the property interest of the commercialization of the right of name. In the right of publicity pattern of US, the property interest of the right of name is protected as one kind of independent property right. Germany pattern has developed for a long time, Germany legislature expended the connotation of the right of name though many cases, the property interest and spiritual interest of the right of name are protected unitedly under the right of personality.In the forth part, based on the above mentioned discussion of the protective pattern from British, US, and Germany, the paper concludes that chinese legal system and Germany legal system are alike in some ways, therefore, referring to Germany pattern is more reasonable and suitable to Chinese protection of the commercialization of the right of name. By combining the current Chinese legal circumstances, the paper puts forward the suggestions of perfecting the protective pattern of the commercialization of the right of name.