| With the high development of society and economy, frequent business activities and the rapid development of network technology, the commercialization of personality right become a more and more common phenomenon. The right to name is a specific personality right, and it is usually used for commercialization. All kinds of advertisement on specific names, named brands and some domain names are filled with people’s lives, and the process of name right’s commercialization turn out the exchange value and use value in real life. Using the right to name is Followed by all kinds of infringement problem in the process its commercialization, because the insufficient protection in theory and practice on commercialized right of name in our country, so as to the legal owner can’t get timely relief, so it is the law worker’s mission how to better protect the right to name for commercial usage in the background of commercialization of personality right.The commercialization of right to name is the inevitable result of the development of market economy. Once in the era of commodity economy is not developed, there is no name right of commercialization, because of the lack of property assessment mechanism for the interests of the personality. The commercialization of right to name is the requirement of times development, during the utilization of commercial right to name, commercialized right to name actually contains both spiritual and industrial profit, and it shows the economic value based on the personality characteristics of natural person’s name elements and commercialized name right’s exploitation process. On how to better protect the double benefits, the theorists come up with various ways to was solve the problems. The representative traditional ways are personality right, intellectual property rights and binary property rights. Binary property rights’ view bold breakthrough the barriers of personality right and property right system. Free the economic benefits produced by the commercialization of right to name under the control of personality right system, and give it with a coat of property rights, we let the right to name across the personality right and property right system, thus it can be said a bold attempt to solve the problem of commercialized name right’s protection.The protection of commercialization of right to name is focused on the right protection, through the established commercialized right of name during the process of commercialization of right to name, accordingly to protect the legitimate rights and interests of natural person. However, our legislation and practice lack system regulations on the protection of commercialized right of name, even though we can find few support on protecting the utilization of commercialized right to name in some law, it is far from enough in the wave of the name right’s commercial utilization. The court’s decision in the judicial practice also tend to be ambiguous on protection of commercialization of right to name. Combined with the present situation of our protection about commercialization of right to name, there are mainly two problems: first is the inadequacy of property benefit protection in the commercialization of right to name; Second is the inadequacy of spiritual benefit protection in the commercialization of right to name.Looking from the various countries that, United States and Germany are the representative country for protecting the name right of commercialization. Unites states mainly take the way of right of privacy and public of powers, namely the dual protection mode; And Germany took single protection mode, under the system of personality right, through the expansion of the content of the personality right, and it admit the existence of economic interests in the personality right on the right to name of commercialization’s protection Both one make the protection system are according to the actual situation of their own, which is in accordance with their domestic national conditions. It tell us that we should absorb and draw on the advanced experiences of United States and Germany to make law system about protection on commercialized right of name by combining our country’s fundamental situation.To complete the Protection of the commercialization of right to name in Civil Law, in the one hand,we should seek breakthrough from the binary property rights system, which differentiate the commercialization of right to name of property right and personality right in the protection, so as to strengthen the protection of its dual interests. On the other hand, we need to define the boundary of the utilization of commercialization of right to name during strengthening the protection of name right of commercialization, thus it can effectively protect the legitimate rights, maintaining the social economic order. |
